Heard learned counsel for the petitioners and learned counsel for the State.

2. Petitioners are aggrieved by the order bearing No. 2878 dated 25.10.2012, passed by the Respondent No.3, Director (Secondary Education), as contained in Annexure-13/1 to the writ application, whereby, the claim of the petitioners for payment of their salary w.e.f. April 1990, has been rejected by the Respondent No.3.

3. Petitioners had earlier filed W.P.(S) No.2314 of 2003 with respect to their claim, which was finally disposed of by order dated 2.3.2012, as contained in Annexure–1 series, wherein the case of the petitioners has been detailed. The case of the petitioners is that the petitioner No.1 is Class III and the petitioner No. 2 is a class IV employee of Pandit Binodanand Jha Balika Sanskrit Prathamik Sah Madhyamik Vidyalaya, Deoghar, which is a Non-Government School, recognised by Bihar Sanskrit Shiksha Board, Patna, and the affairs of the said School are being managed by a Managing Committee of the school. After establishment of the School in the year 1981, the petitioners were appointed on non-teaching posts of clerk and peon respectively, through appointment letter issued on 01.03.1981 by the Managing Committee, as the selection of the petitioners by the Selection Committee was accepted by the Managing Committee of the school. Even the budgetary provisions were made for payment of salary to the petitioners and from the year 1985 to 1990, the petitioners were paid their salary along with the other teaching staff of the school through Bihar Sanskrit Shiksha Board, Patna. After the year 1990, the payments of salary of the petitioners were stopped, though the petitioners claim that they were still working in the school.

4. In the aforesaid writ application, by order dated 2.3.2012, the petitioners were directed to give a joint representation to the Director (Secondary Education), Human Resources Development Department, Government of Jharkhand, who was directed to decide the representation, and if the claims of the petitioners were found genuine, the payment of salary be released to the petitioners. Pursuant to the aforesaid direction, the representation of the petitioners was considered by the Respondent No.3, Director (Secondary Education), Human Resources Department, Government of Jharkhand, who has passed a detailed order bearing No.2878 dated 25.10.2012, which has been challenged in the present writ application. In the impugned order, the Respondent No.3 has stated that the petitioners were appointed in Pandit Binodanand Jha Balika Sanskrit Parathmik Sah Madhyamik Vidyala, Deoghar, on the post of clerk and peon by the Managing Committee of the School and their appointments were also approved by the Secretary, Bihar Sanskrit Shiksha Board, Patna, vide letter dated 22.07.1986. The school of the petitioners belongs to category 222 Sanskrit Schools, which were recognised by the Bihar Sanskrit Shiksha Board, Patna, and the payments of salary to the staff of the said schools were being made through the Bihar Sanskrit Shiksha Board, Patna. The petitioners were also given their salary from 01.01.1985 to 31.03.1990 by Bihar Sanskrit Shiksha Board, Patna. It is further stated in the said order that subsequently, letter No.1409 dated 17.11.1993 was issued by the Bihar Sanskrit Shiksha Board, Patna, with respect to the category of 222 Non-Government approved Sanskrit schools and it was stated that in those schools, the posts of clerk and peon were not sanctioned by the State Government and accordingly, a separate order was issued by the Bihar Sanskrit Shiksha Board on 20.01.1994 for stopping the payments of non-teaching staff of such schools and thereafter the payment of salary of the petitioners were also stopped, but the payment of the teachers in the schools were continued through Bihar Sanskrit Shiksha Board, Patna, till the year 1997, and they are still being paid their salary. It was also stated in the said order that the pay bills of the