LAWS(SC)-1998-5-63

KRISHNA KUMAR SINGH Vs. STATE OF BIHAR

Decided On May 08, 1998
KRISHNA KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This group of appeals arises from a judgment of the division bench of the Patna High court dated 9/3/1994 in a group of writ petitions filed by the teaching and non-teaching staff of various Sanskrit schools in the State of Bihar. These Sanskrit schools were private schools. They were said to have been taken over by the State of Bihar under Ordinance 32 of 1989. The teachers and staff of these schools claimed that as a result, they had become government servants. They filed before the High court petitions for payment of salary and other emoluments on the basis that they were government servants with effect from coming into force of Ordinance 32 of 1989 and they continue to be so thereafter, although the last of the series of ordinances expired by lapse of time on 30/4/1992.

(3.) The High court has held that the petitioners before it would be entitled to get their salary which they were getting prior to the promulgation of the Ordinances in question. It also held that in addition, the petitioners before it would be entitled to get their salaries as government servants from 16/12/1989, the date of coming into force of Ordinance 32 of 1989 until 30/4/1992 when the last Ordinance came to an end.