ORAL JUDGMENT

Date : 01-04-2024 As same order has been impugned in both these writ petitions, with consent of parties, they are being heard together and disposed of by this common order.

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

3. That the present writ petition has been filed with a prayer for grant of the following reliefs:

“(1) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order dated 26/10/2018 bearing number 1377 (Annexure-34) issued by the Additional Chief Secretary, Education Department, Bihar, Patna, by which the claim of the petitioners for being made payment of salary while continuing in the capacity of Assistant Teachers at Venkatesh Primary-cum-Sanskrit High School, Jehanabad (hereinafter referred to as "the School") has been rejected on patently incorrect factual premise as also contrary to the orders and judgments passed by this Hon'ble Court in different cases;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities in the Education Department of the State Government to take steps towards ensuring payment of salary in favour of the petitioners who are continuously working against their respective posts of Assistant Teachers in different subjects at the School" by allocating necessary funds in favour of the School in a similar manner as other similarly situated persons working at the School are being made payment of their regular salaries on monthly basis;

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Education Department of the State Government to take steps towards making payment of arrears of salary in favour of petitioners admissible to them on account of non-payment of salary during the period while they have discharged the duties in their respective capacities as teachers working at the School;

(iv) Any other relief/reliefs that the petitioner/petitioners may be found to be entitled to in the facts and circumstances of the present case.”

4. The facts of the case, is that, the petitioners have been appointed against their respective posts pursuant to the decision taken by the concerned authorities at the School in terms of the provisions contained under the Bihar State Non- Government Sanskrit High School Service Conditions Rules, 1976 from time to time. By an office order dated 05.01.1976 issued by the concerned authorities in the office of the Secretary, Bihar Sanskrit Education Board, Patna, the school was granted temporary recognition for the period between 01.04.1975 to 31.03.1976 on the basis of the decision taken by the concerned authorities in the Education Department of the State Government as well as Bihar Sanskrit Education Board, Patna, (Annexure-1 of the writ petition).

5. In furtherance of the decision taken by the concerned authorities under the Bihar Sanskrit Education Board, Patna, students were admitted at the School and, accordingly, they were imparted instructions by the teachers duly appointed at the School in accordance with law. Subsequently, an office order dated 25.03.1978 was issued by the concerned authorities under the Bihar Sanskrit Education Board, Patna, by which one post of science teacher in graduate trained scale and one post of matric trained teacher in primary branch was sanctioned in favour of the School in addition to two sanctioned posts of teachers. In the meantime, another office order dated 01.05.1978 was issued by the concerned authorities under the Bihar Sanskrit Education Board, Patna, by which on the basis of the decision taken by the concerned authorities under the said board, the School was granted permanent recognition with effect from 01/04/1978. Pursuant to grant of permanent recognition to the School, by different letters issued by the concerned authorities under the Bihar Sanskrit Education Board, in