IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6045 of 2006 1. Ambika Devi W/o Sri Ram Sundar Yadav, resident of village Rampur, P.S. Pipra, District – Supaul, presently working as Asstt. Teacher, Middle School Kamargama, Anchal – Singheshwar, District – Madhepura. 2. Yogendra Prasad Yadav, S/o Late Kari Yadav, resident of village – Basaha, P.S. Pipra, District – Supaul, presently working as Asstt. Teacher, Primary School Laxminiya, Anchal – Singheshwar, District – Madhepura. 3. Arjun Prasad, S/o Sri Satto Yadav, resident of village – Toksihpur, P.S. Gamharia, District – Madhepura, presently working as Asstt. Teacher, Primary School Bagbiyani, Anchal Singheshwar, District – Madhepura. …. Petitioners. Versus 1. The State of Bihar. 2. The Secretary, Department of Primary Education, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Madhepura. 5. The District Superintendent of Education, Madhepura. … Respondents. ----------- 06/ 14.07.2009 This writ application has been filed for a direction to the respondents to pay arrears of salary of the petitioners from initial date of approval of the service i.e. 12.11.1980. It is stated that the petitioners’ salary has been paid from 15.7.1995 onwards ignoring their earlier period of services. Learned counsel for the petitioners submits that in identical circumstances this Court vide order dated 5.5.1999 passed in C.W.J.C. No. 230 of 1998 has granted same relief to the petitioner of that case. He submits that the cases of the petitioners are also identical to the said case. Therefore, direction may be issued to the respondent no. 5 to consider the claim of the petitioners in the light of - 2 - the said order of this Court and pass appropriate orders. Accordingly, this writ application is disposed of with a direction to respondent no. 5 to consider the representation of the petitioners pending before him and pass appropriate orders. For convenience of respondent no. 5 petitioners are given liberty to file a fresh representation, if necessary, along with copy of the said order of this Court, which has been annexed as Annexure-4 to the writ application. If such representation is filed within one month from today, respondent no. 5 shall consider the same and shall examine the facts of the two cases i.e. facts of the cases of present petitioners and the facts of the petitioner of that said C.W.J.C. No. 230 of 1998 and if he finds that the fact situation of both the case are identical, he shall pass orders accordingly in respect of payment of arrears of salary of the petitioners from the date of initial approval in service within three months from the date of receipt of copy of this order. In case respondent no. 5 finds that the cases of the petitioners are not similar to that petitioner and the claims of the petitioners are not identical legally also, he shall pass specific orders giving specific - 3 - reasons for the same and communicate the same to the petitioners within that very period. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners which has to be considered by the concerned respondent strictly in accordance with law. DKS/ (J. N. Singh, J.)