Patna High Court CWJC No.5151 of 2009 (3) dt.11-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5151 of 2009 ====================================================== Umesh Chandra Jha & Anr .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5228 of 2009 ====================================================== Ram Bahadur Chaudhary .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : (In CWJC No.5151 of 2009) For the Petitioner/s : Mr. Rajani Kant Pathak Mr. Satish Kumar For the Respondent/s : Mr. (Gp4) Mr. Awadhesh Pd.Sinha (In CWJC No.5228 of 2009) For the Petitioner/s : Mr. Rajani Kant Pathak Mr. Satish Kumar For the Respondent/s : Mr. (Gp3) Mr. Awadhesh Pd.Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 3 11-08-2011 Heard counsel for the petitioners, the State and the counsel appearing for Bihar Sanskrit Siksha Board. Petitioners were appointed as an Assistant Teacher by private Managing Committee of their respective Schools in the year 1978-1979. They joined Patna High Court CWJC No.5151 of 2009 (3) dt.11-08-2011 the post on the same day and are still working as Assistant Teachers in their respective school. Petitioner (in CWJC No. 5151 of 2009) is working in Primary Unit of Upendra Samajseva Sanskrit Uccha Vidyalaya, Lahata in the district of Darbhanga since 20.9.1979, and he is not being paid his salary since 1995. Petitioner in CWJC No. 5228 of 2009 has joined as Assistant Teacher on 22.9.1978 and still working in the primary Unit of Sri Shankar Sanskrittoch Vidyalaya, Lagma in the district of Darbhanga. He is also not being paid his salary since 1.12.1995. Petitioners’ case is that they were appointed and working against post sanctioned on staffing pattern. Schools, in which they are working are within the 429 schools, with regard to which a decision had been taken by the State Government to take over the management of such schools vide Ordinance No. 32 of Bihar Non- Government Sanskrit Schools ( taking over Management and Control) Ordinance, 1989”. It has been submitted by the petitioners’ counsel that since payment of salary and other allowances to the teaching and non-teaching employees of the taken over Sanskrit Schools were stopped and payment of arrears of emoluments even for the period of take over was not Patna High Court CWJC No.5151 of 2009 (3) dt.11-08-2011 being made, on account of lapse of Ordinance, the employees being aggrieved filed a large number of writ petitions in this Court. All such cases were heard by a Division Bench of this Court as reported in 1994 (2) PLJR 359( Subhash Chandra & others vs. State of Bihar). This Court has held that services of employees of such schools were taken over by the State Government by reason of a valid law, the concerned employees become Government Servant subject to any condition or limitation imposed. The direction was also issued for payment of salary to such employees of such shools. The State of Bihar, preferred Civil Appeal No. 3533-3595 of 1994 against the aforesaid judgment, before the Supreme Court and during the pendency of these appeals an interim order was passed that employees shall be paid their salary at the rate applicable on December, 17, 1989 and shall continue to get the same till further orders of the Apex Court. The Respondents-State had given undertaking for making payment of salary to the teaching and non-teaching employees of 429 Sanaskrit Schools, till the matter is decided by the Supreme Court. Petitioners’ case is fully covered by the order passed by the Supreme Court, as such the Respondent- Patna High Court CWJC No.5151 of 2009 (3) dt.11-08-2011 Bihar Sanskrit Siksha Board is directed to pay salary to the petitioners at the rate applicable on December 17, 1989 and continue to make payment of salary at the same rate till the matter is decided by the Supreme Court. All payment must be made to the petitioners within eight weeks from the date of production/communication of this order. Arun Kumar/- (Mridula Mishra, J)