BIRENDRA NARAYANTEWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of the four petitioners, who are teachers and non -teaching staffs of Ramanuj Sanskrit Uchcha Vidyalaya, Arrah, has been filed for quashing the Government order contained in Letter No. 891 dated 30.11.95 of the Under Secretary, Secondary, Primary and Adult Education Department, communicating the decision of the Government to deprive 86 Sanskrit Schools including the school in question, of the grant with effect from 18.12.89, and secondly for a direction to the respondents to pay the petitioners arrears of salary etc. with effect from 1.12.95. However at the stage of hearing the grievance of the petitioners was confined to payment of salary.

(2.) IT has been submitted on behalf of the petitioners that in the light of the orders of this Court as well as the Supreme Court, unless and until the recognition of the school is cancelled the respondents have no option but to pay salary to the teachers and non -teaching staffs. It may at the very outset be mentioned that the dispute relating to payment of salary and other emoluments to the teachers and non -teaching staffs of the Sanskrit Schools which were taken over by the State of Bihar under the Bihar Non -Government Sanskrit Schools (Taking Over of Management and Control) Ordinance, 1989 (Ordinance 32 of 1989) replaced by successive ordinances, came up for consideration before this Court in batch of cases entitled Subhash Chandra & others V/s. State of Bihar & others. By judgment reported in 1994 (2) PLJR 359 this Court issued certain directions in the matter of payment of salary, the relevant part of which contained in para 106 runs as follows :

(3.) THE appeals have since been referred to larger Bench in view of divergence of opinion between two Judges before whom they were earlier listed for hearing.