IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4137 of 2009 Kharg Nath Mahato & Anr Versus The State Of Bihar & Ors ----------- 02. 15.07.2011 Heard learned Counsel for the petitioner and the State. Devdheera Sanskrit Uchcha (Madhyamik) Vidyalaya, situated in village Deep, Jhanjharpur, Madhubani is one of the Schools, which comes within the group of 429 Schools, recognized by the State Government. The sanctioned strength of this School as per the letter no. 313, dated 23.03.1999 is 07 General Teachers, 01 Science Teacher, 01 additional post of Teacher, 01 Peon and 01 Clerk. Science as a subject was introduced in 429 group of Sanskrit School, since 1971 vide State Governments letter no. 629, dated 25.03.1971. Petitioner No. 1 was appointed as Science Teacher on 10.12.1971 and petitioner no. 2 was appointed as Graduate Teacher in the year 1962. Both the petitioners were appointed against sanctioned post and they continued to receive their salary till 1995. Their payment of salary was stopped on account of letter dated 14.12.1995, issued by the Under Secretary, Secondary, Primary and Adult Education and the Ordinance No. 32/1989. Through this ordinance, the 2 Government has framed staffing pattern for Sanskrit School, but the ordinance lapsed. On account of the lapse of the ordinance a wrong interpretation was adopted by the Respondent, Bihar Sanskrit Shiksha Board and other authorities that posts created out of staffing pattern will be treated to have been cancelled. This is the reason that payment of salary to the petitioner and several similarly situated Teachers, appointed under the staffing pattern, was stopped. This matter traveled up to the Supreme Court and it is still pending there. However, the Supreme Court has passed order that till disposal of the SLP, pending before the Supreme Court, Teachers, so appointed under the staffing pattern, will continue to receive their salary in the same manner as they were receiving in the year 1989. Several such orders have been passed in the Writ Application. Still the Sanskrit Shiksha Board is pressurizing each and every Teacher to grip an order in his favour from the High Court. Once such order has been passed by the Supreme Court, the implementation of this order is essential by the Sanskrit Shiksha Board in respect of similarly situated persons, but it is not being done. This is the reason that the petitioners are also compelled to come before this Court in order to get 3 similar order in their favour. This application is being disposed of, directing the newly impleaded DEO as well as Bihar Sanskrit Shiksha Board to make payment of arrears of salary to the petitioner, which has been stopped since 1995 to him. Arrears of salary as well as current salary must be paid to the petitioner in the light of orders passed by the Supreme Court till disposal of the SLP pending before the Supreme Court. Petitioners will be paid their arrears of salary and current salary at the rate they were receiving their salary in the year 1989. All payments must be made within eight weeks from the date of production / communication of this Order. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)