IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.127 of 2008 RINA KUMARI . Versus THE STATE OF BIHAR & ORS . with CWJC No.891 of 2008 JOYTI SHARMA . Versus THE STATE OF BIHAR & ORS . with CWJC No.1189 of 2008 DHARMENDRA KUMAR . Versus THE STATE OF BIHAR & ORS . with CWJC No.1629 of 2008 PUNAM KUMARI . Versus THE STATE OF BIHAR & ORS . with CWJC No.2185 of 2008 ANJU KUMARI SINHA . Versus THE STATE OF BIHAR & ORS . with CWJC No.2736 of 2008 NUTAN BALA . Versus THE STATE OF BIHAR & ORS . with CWJC No.4515 of 2008 ANITA KUMARI . Versus THE STATE OF BIHAR & ORS . with CWJC No.17539 of 2008 SMT.RITA KUMARI . Versus THE STATE OF BIHAR & ORS . with CWJC No.17864 of 2008 RAJESHWAR RAY . Versus THE STATE OF BIHAR & ORS . with CWJC No.18020 of 2008 RANJEET KUMAR . Versus THE STATE OF BIHAR & ORS . with - 2 - CWJC No.18025 of 2008 AJANTA RAY . Versus THE STATE OF BIHAR & ORS . with CWJC No.19072 of 2008 REKHA KUMARI . Versus THE STATE OF BIHAR & ORS . with CWJC No.19092 of 2008 USHA SINHA . Versus THE STATE OF BIHAR & ORS . with CWJC No.741 of 2009 SANJAY PRASAD YADAV . Versus THE STATE OF BIAHR & ORS . with CWJC No.2109 of 2009 SUSHIL KUMAR SINHA . Versus THE STATE OF BIHAR & ORS . with CWJC No.2143 of 2009 SHASHI KAPOOR . Versus THE STATE OF BIHAR & ORS . with CWJC No.926 of 2008 AVINASH KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 09.02.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners are working in different Government Aided Elementary Schools. Their prayer is for a direction to make payment of salary and other allowances with interest and other consequential benefits attached to the post of Assistant Teacher. Further prayer is for a direction to the respondents to implement - 3 - and enforce the right of the petitioners in the light of Resolution No. 736 dated 09.02.1973. It seems that several writ applications were earlier filed with similar prayer and they were disposed of giving direction to the respondents State to constitute Three Men Committee to examine the status of the schools, for which petitioners were working and then consider entitlement of the petitioners. The Three Men Committee had to examine and report, whether the school in questions were duly taken over by the government. In case the schools have been taken over then, to decide entitlement of its’ teachers for salary and other consequential benefits, for which Assistant Teachers working in the government Schools are entitled. Counsel for State, in some of the writ applications has received instruction that the Committee has already examined submitted report and individual orders have been passed in case of the petitioners. However, the counsels appearing for the petitioners have contradicted such statement. Since no positive instruction is on record of these cases as such these applications are being disposed of, giving direction to the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna, to examine the cases of these petitioners individually. Petitioners are also directed to submit their representation before the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna, within four weeks from today. In case of filing of such - 4 - representations, petitioners’ claims and entitlement for benefits shall be considered and disposed of within two months from the date of filing of such representations. In case the petitioners are found entitled for such relief as prayed in the writ applications, they must be paid arrears of salary with due date and all consequential benefits, as per their entitlement. With such directions and observations, all these writ applications are being disposed of. Sanjeet/ (Mridula Mishra, J.)