DEO SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these three writ applications, the question involved is basically the same, based on the same set of historical facts and, as such, have been heard together with consent of parties. Having heard the parties, in my view, three issues are involved which call for a decision by this Court. Firstly, what is the status of Teachers in Private Government Aided Sanskrit Schools of different standards in the State after the lapse of the Bihar non-Government Sanskrit Schools (Taking over of Management and Control) Ordinance, 1992 which ordinance lapsed without being converted into an Act with effect from 01.05.1992. The second question involved is what is the rate at which payments have to be made to such Teachers after the lapse of the Ordinance and lastly, who are the persons who are to be paid after the lapse of Ordinance.

(2.) In order to appreciate these issues, it would first be necessary to point out three time phases which are relevant. The first phase is the period, pre-16.12.1989 when for the first time, the said Ordinance in the shape of Ordinance No 32 of 1989 was promulgated. The second period is the period between 16.12.1989 starting with Ordinance No 32 of 1989 to 01.05.1992 which ended with Ordinance No 26 of 1992 and the third period is post-Ordinance lapsing period. So far as the first time phase is concerned, that is pre- Ordinance stage, there were 429 Schools which had been picked up by the Government as Government Aided Sanskrit Schools. In these Schools, Government had set down a staffing pattern which was 7 + 2 or 8 + 2.

(3.) This means that in some Schools, there were sanctioned seven posts of Teachers and two for office staff. In some Schools, where Science teaching was permitted/recognised by the Government, there was one additional Teacher. Thus, there were eight Teachers + two office staff. However, this number could increase depending on School to School by virtue of larger number of students considering which Government used to sanction additional teaching strength. To the extent of these sanctioned posts, Government had fixed the rate of remuneration and based on these calculations, used to remit the money to the Sanskrit Shiksha Board for disbursal to the Schools concerned.