Judgment

D.P. Wadhwa, J.—I regret I am unable to agree with the view taken by my most learned and noble sister Sujata V. Manohar, J. I, therefore, deliver my separate judgment.

2. These are cross appeals and arise out of the judgment dated March 3, 1994 of the Division Bench of Patna High Court. In one set of these appeals, the appellants, who belong to teaching and non-teaching staff of Sanskrit schools in the State of Bihar, filed writ petitions in the High Court claiming their status as Government servants under Ordinance No. 32 of 1989, which was promulgated by the Governor of Bihar exer­cising powers conferred on him by Article 213 of the Constitution of India. The Ordinance was published in the Bihar Gazette (Extra-ordi­nary) dated December 18, 1989. There were successive Ordinances promulgated after Ordinance No. 32 of 1989 lapsed, the last Ordinance lapsing on April 30, 1992. The Ordinance did not take the shape of Act of the Legislature. The High Court in its judgment did not grant relief to the petitioners in the writ petitions that Sanskrit schools had been taken over by the State Government or that the petitioners had become Government servants and entitled to salaries a