IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4137 of 2009
Kharg Nath Mahato & Anr
Versus
The State Of Bihar & Ors
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02. 15.07.2011 Heard learned Counsel for the petitioner and
the State.
Devdheera Sanskrit Uchcha (Madhyamik)
Vidyalaya, situated in village Deep, Jhanjharpur,
Madhubani is one of the Schools, which comes within the
group of 429 Schools, recognized by the State
Government. The sanctioned strength of this School as
per the letter no. 313, dated 23.03.1999 is 07 General
Teachers, 01 Science Teacher, 01 additional post of
Teacher, 01 Peon and 01 Clerk. Science as a subject was
introduced in 429 group of Sanskrit School, since 1971
vide State Governments letter no. 629, dated
25.03.1971. Petitioner No. 1 was appointed as Science
Teacher on 10.12.1971 and petitioner no. 2 was
appointed as Graduate Teacher in the year 1962. Both
the petitioners were appointed against sanctioned post
and they continued to receive their salary till 1995. Their
payment of salary was stopped on account of letter
dated 14.12.1995, issued by the Under Secretary,
Secondary, Primary and Adult Education and the
Ordinance No. 32/1989. Through this ordinance, the
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Government has framed staffing pattern for Sanskrit
School, but the ordinance lapsed. On account of the
lapse of the ordinance a wrong interpretation was
adopted by the Respondent, Bihar Sanskrit Shiksha
Board and other authorities that posts created out of
staffing pattern will be treated to have been cancelled.
This is the reason that payment of salary to the
petitioner and several similarly situated Teachers,
appointed under the staffing pattern, was stopped. This
matter traveled up to the Supreme Court and it is still
pending there. However, the Supreme Court has passed
order that till disposal of the SLP, pending before the
Supreme Court, Teachers, so appointed under the
staffing pattern, will continue to receive their salary in
the same manner as they were receiving in the year
1989. Several such orders have been passed in the Writ
Application. Still the Sanskrit Shiksha Board is
pressurizing each and every Teacher to grip an order in
his favour from the High Court. Once such order has
been passed by the Supreme Court, the implementation
of this order is essential by the Sanskrit Shiksha Board
in respect of similarly situated persons, but it is not
being done. This is the reason that the petitioners are
also compelled to come before this Court in order to get
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similar order in their favour. This application is being
disposed of, directing the newly impleaded DEO as well
as Bihar Sanskrit Shiksha Board to make payment of
arrears of salary to the petitioner, which has been
stopped since 1995 to him. Arrears of salary as well as
current salary must be paid to the petitioner in the light
of orders passed by the Supreme Court till disposal of
the SLP pending before the Supreme Court. Petitioners
will be paid their arrears of salary and current salary at
the rate they were receiving their salary in the year
1989. All payments must be made within eight weeks
from the date of production / communication of this
Order.
Accordingly, this Writ Application is allowed.
(Mridula Mishra, J.)
SKM