Md. Daud and Others vs State of Bihar and Others

S.J. Mukhopadhaya, J.—The petitioners, who were Assistant Teachers (petitioners 1 to 4); Clerk (petitioner no. 5); and Peon (petitioner no. 6), have preferred this writ petition along with the Managing Committee of Madras Mazharul Gloom Paternal, Cupful for direction on the Respondents State and its authorities to release fund for payment of salary in favor of teaching and non-teaching employees i.e. petitioners 1 to 6. According to the petitioners, the Madras, in question, was affiliated up to Wisteria standard with effect from 1.1.1966 and was subsequently upgraded to Fauquania standard with effect from 1.1.1973 vide decision dated 25th April, 1973.

Since such aggravation, the Managing Committee appointed the petitioners against their respective posts on 1st April, 1997 (petitioners 1, 2, & 5) and 10th April, 1997 (petitioners 3, 4, & 6) and they are working.

In the counter affidavit, the Respondents have taken plea that the aggravation of Madras, in question, was made without prior approval of the State and for the said reason; the fund was not released in accordance with the upgraded standard.

Similar case fell for consideration before this Court in the case of Md. Manzoo Alma and others vs. State of Bihar and others (Unreported), being C.W.J.C. No. 9747 of 1989. Therein, the Court took into consideration the Circular issued by the State Govt. on 8th December, 1982 and held that the aggradations made prior to the same (8th December, 1982), there was no requirement to obtain prior concurrence and directed to release salary on the basis of upgraded standard in view of judgment delivered by the Division Bench in C.W.J.C. No. 3098 of 1988 disposed of on 8th December, 1988.

Following the decision of this Court in the case of Manzoor Alam and others. I also direct the State and its authorities to release forthwith the requisite fund as may be necessary to meet the requirement for payment of salary to teaching and non-teaching employees of the Madarsa, in question, within period of three months from the date of receipt/production of a copy of this order. The Managing Committee of the Madarsa will pay, the dues to its employees within one month from the date of receipt of such fund.

This application stands disposed of with the aforesaid observations and directions.