IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5805 of 2009 ====================================================== Kamla Pati Lal Das, Son of Late Krishna Bihari Lal Das, resident of villge – Laupha, P.O. – Laupha, J.S. Jhanjharpur, District – Madhubani, At present working as Assistant Teacher in Sarboday Darbari Sanskrit Primary cum High School, Laupha, District – Madhubani. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Secretary cum Commissioner, Human Resources Development Department, Government of Bihar, Patna. 3. The Special Director, Secondary Education (Inchrge Sanskrit), Education Department, Government of Bihar, Patna. 4. The Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna through its Secretary. .... .... Respondent. ====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Jha For the Respondent/s : Mr. (Ga9) Mr. Awadhesh Pd.Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 03/ 13-09-2011 Heard counsel for the petitioner and counsel appearing for Bihar Sanskrit Shiksha Board. Petitioner’s case is that he was appointed as a teacher in Sarvodaya Darbari Sanskrit Primary cum High School, Laupha in the district of Madhubani. The school being the oldest Non- government recognized aided Sanskrit High School, there were nine sanctioned teachers and for these posts payment were also being made by the State Govt. Two additional posts were also sanctioned for the school, against one of such post, petitioner was Patna High Court CWJC No.5805 of 2009 (3) dt.13-09-2011 2 / 3 2 appointed by the Managing Committee. Petitioner was appointed in additional primary unit and his appointment was approved by the Bihar Sanskrit Shiksha Board. Petitioner was paid his salary for the period 1.4.1980 to 29.11.1995. Salary for the period 1.12.1995 till 15.6.2002 has not been paid to the petitioner. The recognition of the school in question along with 96 other schools have been cancelled by Bihar School Examination Board on 15.6.2002 and the additional post created against which petitioner was appointed has also been cancelled by the respondents. Counter affidavit has been filed on behalf of Bihar Sanskrit Shiksha Board admitting this fact that petitioner’s school had a valid recognition till 15.6.2002 and the school was receiving financial aid for making payment of salary to the teachers within the sanctioned strength. The post against which petitioner was appointed was duly approved by the Bihar Sanskrit Shiksha Board and he was also receiving his salary till 29.11.1995 and arrears of salary for the period 1.12.1995 till 15.6.2002 is due and payable to the petitioner. Counsel for the petitioner submits that so far de- recognition of the school and cancellation of the post against which petitioner was appointed is concerned, that has been challenged by filing another writ application, which is pending for Patna High Court CWJC No.5805 of 2009 (3) dt.13-09-2011 3 / 3 3 consideration. The petitioner will be entitled to claim for his salary for subsequent periods subject to the order passed in the pending writ application. Considering the fact that there is an admission in the counter affidavit with regard to the arrears of salary payable to the petitioner, this application is being disposed of, giving direction to the District Education Officer, Madhubani and the Bihar Sanskrit Shiksha Board for making payment of arrears of salary to the petitioner for the period 1.12.1995 to 15.6.2002. Payment must be paid to the petitioner within eight weeks from the date of production/communication of the order. DKS/ (Mridula Mishra, J)