SANSKRIT SHIKSHAK SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the petitioners seeking a direction upon the respondents to pay salary to petitioners No. 3 to 14 who are said to be working as peons in different primary-cum-middle Sanskrit schools of Supaul District.

(2.) AS per the statement made in the writ application petitioners No. 3 to 14 had been appointed as peons in non-government Sanskrit schools situated in the district of Supaul by the respective Managing Committees. It is stated that these schools were granted recognition by the State Government with effect from 1.1.1985 being out of 205 such schools enumerated in the Education Department's resolution dated 23rd March, 1985.

(3.) LEARNED Counsel appearing for the petitioners has assailed the action of the State Government primarily on two grounds, i.e. (i) under Section 14 of the Sanskrit Education Board Act, 1981 (Act 31 of 1982), (hereinafter referred to as 'the Act' only), the Board is obliged to pay salary and allowances to teachers and non-teaching staff of recognised Sanskrit schools and the State Government has no authority to restrain the Board from doing so, and, (ii) non-grant of salary of the peons to schools recognised with effect from 1.1.1985 is arbitrary and discriminatory since such salaries are paid to the peons of schools which were granted recognition prior to 1.1.1985.