IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8834 of 2003 1. Smt. Sabita Chakraverty, W/o Sri Krishna Kinker Sharma, Assistant Teacher, Primary School, Sheikhpura (Hindi) Block- Shahkund, District Bhagalpur. 2. Smt. Asha Kumari, W/o Sri Sunil Kumar Sharma, Assistant Teacher, Primary School, Shivnandanpur, Mushahari, Block- Sultanganj, District Bhagalpur. 3. Smt. Punam Devi, W/o Sri Ramswaroop Rajak, Assistant Teacher, Primary School, Simana, Chataiya, Block Pirpaity, District Bhagalpur. 4. Smt. Shanti Devi, W/o Sri Kamleshwar Mandal, Assistant Teacher, Primary School, Kharagpur, Block Pirpaity, District Bhagalpur. 5. Smt. Rita Devi, W/o Sri Babulal Mandal, Assistant Teacher, Primary School, Bhudani Tola, Block Pirpaity, District Bhagalpur. 6. Smt. Neelam Devi, W/o Sri Shahab Kumar Mandal, Assistant Teacher, Primary School, Bhudani Tola, Block Pirpaity, District Bhagalpur. 7. Smt. Nutan Kumari, W/o Sri Arun Kumar Ray, Assistant Teacher, Primary School, Rahul Nagar, Block Shahkund, District Bhagalpur. 8. Smt. Sunita Kumari, W/o Sri Lakshmi Mandal, Assistant Teacher, Primary School, Gohario, Block Sabour, District Bhagalpur. 9. Dezy Rani, W/o late Vijay Kumar Rajhansa, Assistant Teacher, Primary School, Badra Alampur, Block Jagdishpur, District Bhagalpur. 10. Smt. Rita Kumari, W/o Mahesh Mandal, Assistant Teacher, Primary School, Dumra Haji Kita, Block-Shahkund, District Bhagalpur. 11. Smt. Puja Kumari, W/o Sri Kailash Paswan, Assistant Teacher, Primary School, Dariapur Saheb Kothi, Block Shahkund, District Bhagalpur. 12. Smt. Kalapna Kumari, W/o Sri Mahesh Das, Assistant Teacher, Primary School, English Chichrauna, Block Akarnagar, District Bhagalpur. 13. Smt. Anita Kumari, Soumitra, W/o Sri Janardan Prasad Yadav, Assistant Teacher, Primary School, Kaswa-Kherhi, Block Shahkund, District Bhagalpur. 14. Smt. Nirmala Kumari W/o Sri Nandkishore Sah, Assistant Teacher, Primary School, Raj Gangapur, Block Sultanganj, District Bhagalpur. 15. Smt. Geeta Kumari, W/o Sri Sarvjeet Mandal, Assistant Teacher, Primary School, Pairdominia Mal, Block Shahkund, District Bhagalpur. 16. Smt. Renu Kumari, W/o Sri Madhukant Jha, Assistant Teacher, Primary School, Azad Nagar, Panshala, Block Sultanganj, District Bhagalpur. 2 17. Smt. Sunaina Devi, W/o Sri Dhananjay Mandal, Assistant Teacher, Primary School, Lakshminiya, Block Pirpaity, District Bhagalpur. 18. Smt. Geeta Devi, W/o Sri Shivanand Singh, Assistant Teacher, Primary School, Khargpur, Block Pirpaity, District Bhagalpur. 19. Nitu Kumari, D/o Sri Upendra Prasad Sah, Assistant Teacher, Primary School, English Chichrauna, Block sultanganj, District Bhagalpur. 20. Smt. Anju Kumari (Devi), w/o Sri Gopal Mandal, Assistant Teacher, Primary School, Hariharur, Block-Nathnagar, District Bhagalpur. 21. Smt. Anita Kumari, W/o Sri Janardan Pandit, Assistant Teacher, Primary school, Sangit Baita, Block Kahalgaon, District Bhagalpur. 22. Smt. Punam Kumari, W/o Sri Ram Bilas Yadav, Assistant Teacher, Primary School, Simana, Chataiya, Block Pirpaity, District Bhagalpur. 23. Smt. Punam Jha, Wife of Sri Dharmendra Kumar Jha, Assistant Teacher, Primary School, Masudanpur, Block Kahalgaon, District Bhagalpur. 24. Smt. Nitu Kumari, W/o Sri Navin Thakur, Assistant Teacher, Primary School, Assistant Teacher, Primary School, Sangit Baita, Block Kahalgaon, District Bhagalpur. 25. Smt. Punam Kumari, W/o Dr. Brhmadeo Sah, Assistant Teacher, Primary School, Karda, Block-Nathnagar, Distt. Bhagalpur. 26. Smt. Ruby Kumari, w/o Sri Rajkumar Sah, Assistant Teacher, Primary School, Karela, Block Nathnagar, District Bhagalpur. 27. Smt. Manju Kumari, W/o Sri Sakaldeo Yadav, Assistant Teacher, Primary School, Pirpaity, Block Kharik, (Nawgachhiya) District Bhagalpur. 28. Smt. Madhuri Devi, Wife of Sri Ganesh Prasad Sah, Assistant Teacher, Primary School, Sheikhpura (Hindi) Block, Shahkund, District Bhagalpur. 29. Prem Lata Kumari, D/o Mahesh Chandra Paswan, Assistant Teacher, Primary School, Nawtolia, (Gaura Chauki), Block Nathnagar, District Bhagalpur. 30. Smt. Rekha Kumari, W/o Sri Raj Kumar Yadav, Assistant Teacher, Primary School, Ramnagar, District Bhagalpur. 31. smt. Bishnu Devi, W/o Sri Umesh Prasad Yadav, Assistant Teacher, Primary School, Hariharpur, Block Nathnagar, District Bhagalpur. -------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Secondary, Primary and Adult Education Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Director, Bihar Education Project Committee, Beltron Bhawan, Shastri Nagar, Patna-23. 5. The District Magistrate, Bhagalpur, District Bhagalpur. 3 6. The Regional Deputy Director of Education, Bhagalpur, Division- Bhagalpur. 7. The District Programme Co-ordinator, Bihar Education Project, Bhagalpur. ------- Respondents ----------- 5 03.09.2010 Having heard learned counsel for the parties as with regard to the following prayer made in this writ application:- “1. That this is an application for issuance of appropriate writ(s)/ direction(s) to the respondents not to disturb the petitioners from working as Assistant Teacher in their schools opened under District Primary Education Programme-III and to pay salary or remuneration to the petitioners since February, 2003 with bank interest rate and current salary on month to month basis.” this Court is of the view that in terms of the appointment of the petitioners they would not be entitled for any payment of salary from February, 2003. In this regard, the following statement of the respondents in their counter affidavit:- “5. That, the claim of the petitioners in para-1 is far from truth and hence totally unacceptable. After placement of regular teacher in February 2003 they ceased to be Sahyogi Teachers (after January, 4 2003) and hence the question of making any kind of payment or salary from February, 2003 till date does’nt arise. 6(i) That, the petitioners have already been paid upto January, 2003, that is, till the date of placement of regular teachers. (ii) That, the petitioners were appointed by concerned village Education Committee on the basis of Honorarium and till the placement of regular teachers, concerned Village Education Committees were also intimated vide letter no. DPC/1959 dated 02.01.2003 and letter no. DPC/43 dated 28.01.2003.” would leave nothing for this Court to decide, inasmuch as, such statements have also not been controverted by the counsel for the petitioners despite service of the counter affidavit on their counsel on 9.9.2004. That being so, this application is dismissed with the aforementioned observations. Rsh (Mihir Kumar Jha, J.)