IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1025 of 2007 SMT.USHA KUMARI & ANR…..Appellants. Versus THE STATE OF BIHAR & ORS………Respondents. ----------- For the appellants : Mr.Shyama Prasad Mukherjee With Mr.Krishna Bihar For the respondents : Mr. B.K.P.SinhaG.P.III. O R D E R 2. 5.5.2008. Writ petitioners-appellants, aggrieved by the order dated 21.8.2007 passed by a learned single Judge in C.W.J.C.No.13322 of 2004 dismissing the writ application, have preferred this appeal under Clause X of the Letters Patent. Writ-petitioners-appellants had prayed for issuance of an appropriate writ for taking over their services w.e.f. 10.10.1981. Said prayer has been rejected by the learned Single judge by the impugned order. Short facts giving rise to the present appeal are that Shri Jain Kanya Pathshala Uchh Vidyayla, Ara was taken over by the State Government in exercise of the powers under Bihar Non-Government Secondary School (Taking Over of Management and Control) Act, 1987 w.e.f. 10.10.1981. The services of 8 teachers, 1 clerk and 2 orderly peons were recognized with effect from its take over. The names of the petitioners- appellants do not figure in that. 2 The Management Committee of the School, challenged its take over by filing C.W.J.C.No.4515 of 1981 before this Court. This Court, by order dated 16.1.1986, set aside the notification taking over the School and directed the authorities of the State to take fresh decision in accordance with law. Thereafter, writ petitioners-appellants were appointed on 7.2.1988. In the light of the order of this Court passed in the writ application, the State Government considered the issue of take over and recognition of the teachers and other employees of the said school. Ultimately, by notification dated 31st of January, 1992, the school was taken over w.e.f. 10.10.1981 and the services of 1 Headmaster, 8 teachers, 1 clerk and 2 orderly peons were recognized. Writ petitioners- appellants’ names do not figure in the same and as such they filed writ application, inter alia, contending that they having been appointed on 7.2.1988, before the date of issuance of the notification taking over the school i.e.31.1.1992, their services ought to have been taken over. Said contention of the writ petitioners-appellants has been negatived. Mr. Shyama Prasad Mukherjee, Senior Advocate, appearing on behalf of the appellants, submits that although the school was taken over w.e.f. 10.10.1981, 3 but said take over having been set aside by this Court by order dated 16.1.1986 and the writ petitioners-appellants having been appointed thereafter on 7.2.1992 before the take over of the school by notification dated 31.1.1991, their services were also fit to be recognized. We do not find any substance in the submission of Mr.Mukherjeee. Section 3 (kha) of the Bihar Non- Government Secondary School (taking over of Management and Control) Act, 1987, inter alia, provides for recognition of services of those teachers, who were working on the date of take over. Writ petitioners-appellants, according to their own showing, were appointed on 7.2.1988, whereas the school had been taken over w.e.f 10.10.1981 by notification dated 31.1.1992. In that view of the matter, we are of the opinion that the writ petitioners-appellants do not have any right for recognition of their services. We do not find any merit in the appeal and it is dismissed accordingly. (C.K.Prasad, ACJ) (J.N. Singh) ahk