IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9743 of 1995 SHEO KUMAR MISHRA & ORS Versus STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Ram Kishore Singh, Advocate For the Respondent :- Mr. Tej Bahadur Singh, Sr. Advocate For the State :- Mr. Sanjay Kumar Pandey, J.C. to G.P.-15 3 29.8.2008 The petitioners are claiming their salary from 18.12.1989 in pursuance of the order of this Court passed in C.W.J.C. No. 12562 of 1992 reported in 1994(2) P.L.J.R. 359 and the judgment delivered in C.W.J.C. No. 12562 of 1992 in the case of Krishna Dayal Singh & Anr. Vs. State of Bihar The principle laid down in the aforesaid two judgments is that the teachers would be entitled to receive salary for additional units of Primary Sanskrit Schools until the posts are not cancelled or schools in questions are not denotified. The petitioners were working in Tilak Nath Sanskrit Primary-cum-Middle School, Goari, P.S.- Basnahi, District- Saharsa against the two additional units created sometime in the year 1989. Subsequently, when the Bihar Non-Government Sanskrit Schools (Take Over of Management and Control) Ordinance, 1990 was issued. The lists of the schools were part of the ordinance which recognized only four teachers as attached to each school. Therefore, the petitioners who were working on the additional units 2 were not being paid salary, which has led to several writ applications in this Court. The counsels referred to a letter issued by the Secretary, Secondary, Primary and Adult Education, Bihar, Patna dated 23.6.1997 wherein it has been stated that those teachers who were working against the additional posts in the Primary Sanskrit Schools would be entitled to salary from 18.12.1989 to 21.12.1995. The question therefore, arises as to whether these two petitioners were working against the aforesaid additional posts in the said school. This fact essentially has to be determined by the Managing Committee of the school in question. I therefore, direct that the Managing Committee of the school should send a report as to whether the petitioners were working against the additional posts, to the Secretary/Chairman, Bihar Sanskrit Shiksha Board, who will pass appropriate orders for payment if the petitioners are found to be working in the said school. The Special Secretary will release the necessary fund after receiving the recommendation of the Chairman/Secretary of the Bihar Sanskrit Shiksha Board. Sanjay (Sheema Ali Khan, J.)