STATE OF BIHAR THROUGH THE CHIEF SECRETARY Vs. LALLAN PRASAD S/O LATE BIHARI LAL RESIDENT OF VILLAGE CHANDHARI

JUDGEMENT

(1.) This Letters Patent Appeal under clause 10 of the Letters Patent is been filed by the appellant-State of Bihar against the order dated 18.3.2013 passed by the learned Single Judge in CWJC No. 14402 of 2006. For the sake of convenience, we refer to the parties as arrayed in the writ petition. Petitioner Nos. 1 to 16 were appointed as Sanskrit Teachers in various institutions, established or controlled by the Government. They were governed by the Bihar Subordinate Education Service Rules. There existed a superior service, in the Education Department under the Bihar Education Service Rules. Through its resolution dated 7.7.2006, the State of Bihar merged both the services and the employees governed by the Bihar Subordinate Education Service Rules were fitted in Class-II of the Bihar Education Service Rules. This arrangement became effective from 1.1.1977.

(2.) The petitioners, though retired from service by 7.7.2006 were very much in service as on 1.1.1977. By referring to various orders, passed in writ petitions and letters patent appeals by this Court and by the Supreme Court, in special leave petitions; they claimed the benefit of merger of both the services by filing the writ petitions. The plea of the respondents, i.e. the State was that the Sanskrit Teachers were not part of the Bihar Subordinate Education Service and as such they are not entitled to the benefit of merger.

(3.) The learned Single Judge referred to various orders as well as the provisions of Service Rules and took the view that the Sanskrit Teachers were treated as part of the Bihar Subordinate Education Service and on its merger they become part of Bihar Education Service in Class-H. Accordingly relief was granted. The said order is challenged in these appeals.