Lallan Prasad v. The State of Bihar

Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 2 - .... .... Respondents ====================================================== For the Petitioners : Mr. Md. Nadim Seraj, Advocate For the Respondents : Mr. Bipin Bihari Singh, Advocate. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 10 18-03-2013 Heard learned counsel for the petitioners and learned counsel for the respondent-State of Bihar and its authorities.

It is stated that petitioner nos. 2 and 6 have died in the year 2006 and 2012 respectively and hence let their names be expunged from the records of this case.

This writ petition has been filed for the following reliefs:- (i) (ii) (b) for a the consequential benefits For appropriate order, declaration (a) that the petitioners are entitled to absorption in the Bihar Education Service Class II with effect from 01.01.1977 on account of merger of Subordinate Education Service Cadre (Teaching Branch) further declaration that the petitioners are entitled to counter part in the teaching branch of the Bihar Subordinate Education Service now converted in Bihar Education Service Class- II (c) for further declaration that the decision of the Director, Secondary Education dated 09.8.2006 is inapplicable to the petitioners as these petitioners have not submitted any undertaking and they are not drawing any higher scale in the scale of Rs.6500-10500/-. For a follow up direction to the respondents notification regarding conversion of cadre of the petitioners from Subordinate immediately resolution Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 3 - Education Service to Bihar Education Service Class-II with effect from 01.01.1977. (iii) For any other relief or consequential reliefs for which the petitioners are found entitled to in the facts and circumstances of this case.

Learned counsel for the petitioners submits that all the petitioners were teachers and had joined in Subordinate Education Service Cadre on the basis of order of the Director of Public Instruction, Bihar, Patna and they have already retired after completing their services. Thereafter they had filed this case.

The claim of the petitioners is that they were in Subordinate Education service cadre (Teaching Branch) and in view of the judgment of this Court in CWJC No.12122 of 1998 and analogous cases which was affirmed in LPA No. 65 of 1993 the petitioners are entitled ipso facto conversion of cadre in the Bihar Education Service Class II. It is also claimed that the resolution of the Finance Department contained Resolution No.352 dated 11.04.1977 is applicable to the petitioners also because they were also in the Bihar Subordinate Education Cadre (Teaching Branch) and hence they are entitled to all benefits attached to the Bihar Education Service Class II and earlier there were several rounds of litigations in the said Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 4 - matter and subsequently the aforesaid issue came up for consideration before a bench of this Court in CWJC No.10091 of 2006 and CWJC No. 1467 of 2006 and vide order dated

31.10.2007 by which the Government order dated 07.07.2006 of merger was set aside and the matter was left to be decided afresh by the State Government. Against the said order several Letters Patent Appeals including L.P.A. No.418 of 2009 was filed by the Bihar State Government Secondary School Teacher’s Association and vide order dated 21.05.2010 a Division Bench of this Court dismissed all the Letters Patent Appeals and the said decision is reported in 2010 (3) PLJR 856.

Against the said order Bihar State Government Secondary School Teachers Association vide SLP (C) nos. 26676/2010 which gave rise to Civil Appeal Nos. 8226 -27 of 2012 and finally the Apex Court allowed the said appeals vide order dated 23.11.2012 and the decisions passed in the writ petition and the Letters Patent Appeal were set aside and the notification dated 19.11.2007 issued after the order of the High Court was set aside whereas the resolution of the State Government dated 07.07.2006 was upheld.

In the said circumstances, learned counsel for the petitioners submits that the services of the Subordinate Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 5 - Education Service was merged with Bihar Education Service Class II as per the State Government (HRD) Notification dated

07.07.2006 as per the directions of the High Court and the said notification was upheld by the Apex Court. While deciding the said civil appeals the Hon’ble Apex Court expressed its strong displeasure with respect to the attitude and manner of the authorities with State by way of changing its stands from time to time causing unnecessary anxiety to a large number of teachers.

The claim of the petitioners is that they are fully covered by the said decision as they are situated exactly in the same position as the petitioners of the earlier cases were situated and hence petitioners are fully entitled to the reliefs claimed by them along with consequential benefits, especially when they are at the fag end of their lives and out of them two have already died during the pendency of this writ petition.

A supplementary counter affidavit dated

12.03.2013 has been filed on behalf of the respondents in which the relevant paragraphs are 8, 9, 10 and 11 which are as follows:- “8. That the petitioners have made a claim that no such decision had been taken at the Government level and as such the petitioners cannot be deprived for their legitimate claims. Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 6 -

9. That in this context it would be relevant to state here that the final decision in this respect is to be taken by the Director (Administration) who is competent to do so.

That it is made clear that in compliance of the order passed by the Hon’ble Supreme Court necessary process has been initiated by the Director (Administration) to merge the members of Subordinate Education Service in Bihar Education Service Class II. (Administration)

That accordingly the undersigned vide letter no.290 dated 07.03.2013 has requested the cum-Additional Director Secretary, Education Department, Government of Bihar to apprise the Hon’ble High Court in the light of order dated 19.04.2006 passed by the Hon’ble Supreme Court in S. L. P. No.4466 of 2003.”

10. Considering the arguments of learned counsel for the parties and the materials on record it is quite apparent that the respondent-authorities are fully aware of the decision of the Apex Court mentioned above and they have specifically stated on oath that they are bound to follow the same in case of the petitioners also and appropriate steps in that regard has already been taken and further will be taken as per the process which has already been initiated by the Director (Administration)- cum- Additional Secretary, Education Department, Govt. of Bihar, Patna (respondent no.7). Patna High Court CWJC No.14402 of 2006 (10) dt.18-02-2013 - 7 -