Judgment :

We have heard the learned Senior Counsel for the parties at length.

A grievance is made by Mr. P.S. Patwalia, learned Senior Counsel appearing for the petitioner that in spite of gradations/seniority list having been finalized on 17-8-2007, consequential benefits on the basis of the aforesaid seniority list have not been given to the group of teachers who were merged pursuant to the Resolution dated 7-7-2006.

Mr. L. Nageswara Rao, learned ASG appearing for the State of Bihar, has very fairly stated that the aforesaid final seniority list, dated 17-8-2007, will be given full effect to. He has, however, stated that the seniority list can only be implemented on the finalization of the Rules for giving full effect to the merger. This submission is seriously objected to by Mr. P.S. Patwalia, who submits that this is just a ruse, again at the behest of the officers who are now occupying all the administrative positions, to block any benefit being given to the persons merged. This, however, is not accepted by Mr. L. Nageswara Rao, who submits that the rules are being framed precisely to avoid such an eventuality. The idea is to ensure that the cadre that has been merged into the main cadre of the teachers are not left without the benefit of merger dated 7-7-2006.

It is not disputed before us that even earlier to the judgment passed by this Court on 23-11-2012 (Bihar State Govt. Secondary School Teachers Assn. v. Bihar Education Service Assn., (2012) 13 SCC 33) a number of benefits had already been granted. For example, on 9-10-2006, yearwise individual merger order was issued and Class II pay scale of Rs.640-1050 was granted to individual employees. However, by Notification No. 1735 dated 9-10-2006, a provisional combined gradation list of BES was published. Subsequently, through Letter No. 2283, dated 22-12-2006, the employees were also exempted from departmental examination. This was followed by Resolution No. 07, dated 3-1-2007, upgrading 2465 BSES posts and merging the same into BES with effect from 1-1-1977. Thereafter, Notifications Nos. 406-413 was issued on 22-3-2007 granting 1st and 2nd ACP in the pay scale of Rs.10,000-Rs.15,200/- Rs.12,000-Rs.16,500. A combined gradation list of BES by Notification dated 17-8-2007. Subsequently, through Notification No. 994 dated 28-6-2007, some of the employees were given the post of Principal and Lectures in different DIET and Training Colleges. However, all these benefits were withdrawn as a consequence of the order passed by the learned Single Judge in the third round.

It is now brought to our notice by Mr. P.S. Patwalia, learned Senior Counsel and Mr. Arun Kumar, learned counsel that not a single person who was earlier promoted as Principal has been restored to the position of Principal after the judgment was delivered by this Court on 23-11-2012 (supra) setting aside the judgments of the learned Single Judge and the Division Bench of the High Court.

In view of the above, we hereby direct the State of Bihar to restore the position as it existed consequent upon the issuance of Notification No. 994 dated 28-6-2007 within a period of four weeks from today. We also direct the State of Bihar to release all the consequential benefits pursuant to the judgment of this Court dated 23-11-2012 (supra) within a period of eight weeks from today, irrespective or whether rules are finalized or not. In view of the above, the matters are adjourned till 12-2-2014.