IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.7171 OF 1999
1.MD.HASHSHAM TARIQUE, S/O LATE MD.
FARIDUL HAQUE, R/O VILLAGE MANIARPUR, P.S
WARISNAGAR, DISTRICT SAMASTIPUR.
2.ANJUMAN ARA, D/O MD. SULAIMAN, R/O
AKHTAR VILLAS NAWAB ROAD, MOHALLA
CHANDWARA, P.S. TOWN, DISTRICT
MUZAFFARPUR.
3.NURAISA BANO, D/O MD. ISMAIL, R/O
MOHALLA JAIL CHOWK, CHANDWARA, P.S TOWN,
DISTRICT MZAFFARPUR.
4.ASHA SINHA, W/O GANESH PRASAD VERMA, R/O
MADNANI FLAT LANE, P.S MITHANPURA IN THE
TOWN OF MUZAFFARPUR.
5.SUSHMA JAISWAL, W/O K.B. CHAUDHARY, R/O
MOHALLA CLUB ROAD, P.S MITHANPURA IN THE
TOWN AND DISTRICT OF MUZAFFARPUR.
6.HUSN ARA FAROOQUI, W/O JAWED ALAM, R/O
BINDESHWARI COMPOUNF, MOHALLA CHANDWARA,
P.S TOWN, DISTRICT MUZAFFARPUR.
7.NASREEN AKHTARI, W/O SHAMIM AKHTAR,
RESIDENT OF MOHALLA CHANDWARA, P.S. TOWN,
DISTRICT MUZAFFARPUR.
8.SEEMA, W/O BINOD KUMAR, R/O MOHALLA CLUB
ROAD, P.S MITHANPURA IN THE TOWN AND
DISTRICT MUZAFFARPUR.
9.ASMAT ARA, D/O SHAMIM AHMAD, R/O MOHALLA
CHANDWARA, P.S TOWN, IN THE TOWN AND
DISTRICT MUZAFFARPUR.
10.MD. MANZAR IMAM, SON OF MD. AIYUB, R/O
VILLAGE CHAINPUR BANGRA, P.S MANIARI,
DISTRICT MUZAFFARPUR.
11.SAKINA W/O HABIBUR RAHMAN, R/O MOHALLA
CHANDWARA, P.S TOWN, DISTRICT MUZAFFARPUR.
12.MD. KHURSHEED ALAM, S/O MD. NAWAB, R/O
VILLAGE DANIYALPUR, P.S. TEGHRA, DISTRICT
BEGUSARAI.
PETITIONERS NO. 1 TO 9 ARE TEACHERS,
PETITIONER NO. 10 IS CLERK AND PETITIONERS
NO. 11 AND 12 ARE PEONS IN URDU GIRLS HIGH
SCHOOL, CHANDWARA, P.S. TOWN, DISTRICT
MUZAFFARPUR.
.....................PETITIONER.
VERSUS
1.THE STATE OF BIHAR.
2.THE SECRETARY, FINANCE DEPARTMENT, GOVT.
OF BIHAR, PATNA.
3.THE SECRETARY, SECONDARY AND PRIMARY
EDUCATION, GOVT. OF BIHAR, PATNA.
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4.THE DIRECTOR, SECONDARY EDUCATION, NEW
SECRETARIAT, PATNA.
5.THE DISTRICT EDUCATION OFFICER,
MUZAFFARPUR.
...........................RESPONDENTS.
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05/ 05.08.2011 No one appears for the petitioners.
Counsel for the State is present.
From perusal of the report it would
appear that the petitioner’s grievance in
this writ application remains confined to
payment of salary and to that extent the
relief prayed by the petitioner in
paragraph no. 1 reads as follows:-
“For issuance of appropriate
writ/order of direction commanding the
respondents to make full payment of
salary on monthly basis from Treasury
to the petitioners who are teaching
and non-teaching staffs of Urdu Girls
High School, Chandwara, Muzaffarpur
which is a recognized minority School.
II. For issuance of appropriate
writ/order or direction commanding the
respondents to make payment of arrear
salary since July 1998 to the
petitioners which has not been paid to
them.
III. For issuance of
appropriate writ/order or direction
commanding the respondents to make
payment of teaching allowance,
regional allowance, interim relief,
bonus, uniform allowance to Class IV
staffs, Leave Travel Concessions,
Group Insurance Coverage and
contingency etc. to the petitioners
like Government Nationalised High
Schools.
IV. For issuance of appropriate
writ/order of direction commanding the
respondents to give all facilities of
Government Nationalised High Schools
concerning salary, interim relief,
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earned leave after retirement, payment
of leave travel concession, Bonus, D.A
and T.A, two days special leave to
lady teachers etc., to the employee
working in the school.
V. For issuance of appropriate
writ/order or direction commanding the
respondents to make payment to the
petitioners the amount of enhancement
of salary, D.A etc. time to time as
per with Nationalised High Schools in
the State.
VI. For issuance of appropriate
writ/order or direction commanding
the respondents to make payment of all
arrears salary from 1981 and also
grant any other relief for which the
petitioners are found entitled in the
opinion of this Hon’ble Court at the
time of hearing.”
From the counter affidavit on
record, it would be clear that some of the
grievances of the petitioners had been
redressed and that for rest of them they
were awaiting the result of civil review
application no. 83 of 2000 arising out of
C.W.J.C No. 8084 of 1998 involving similar
questions with regard to payment of salary
for the teaching and non-teaching staff of
the Minority School.
This Court, therefore, would direct
the Director Secondary Education, to look
into the grievances of the petitioners and
take a decision as with regard to the
grievances made in this writ application.
It is however, made clear that as this writ
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application was filed on 30.07.1999, the
petitioners would not be entitled to claim
arrears of salary from 1981 and their such
arrears of salary, if, at all found payable
would be paid from 30.07.1996, onwards
being a period of three years in which even
money claim could have been entertained by
the Civil Court. Simply because the
petitioners have moved in writ jurisdiction
, they cannot have the liberty of raising a
stale matter of payment of salary from 1981
which would make the cause of action
belated by 18 years.
With the aforementioned observations
and direction, this application is disposed
of.
Ranjan (Mihir Kumar Jha, J.)