Full Judgment
J.N. Bhatt, C.J.
1. In this group of 31 matters, the learned counsels for the parties and the Government counsels have, jointly, submitted that common. question has been involved in relation to the entitlement, pursuant to . the Government resolution, dated 9th February, 1973. to the teachers, who were working in the Non-Government schools, which were taken over by the Government as Government schools. It is, therefore. jointly, submitted that they may be decided in terms of the consensus they have reached to the effect that the Education Department, in the Government of the State of Bihar, may be directed to decide their cases within stipulated frame of time and those who are entitled to the benefits arising out of the said resolution, be paid immediately. Accordingly, those petitioners, whose cases are not favourably decided, be informed within a fortnight by appropriate postal services so that they can pursue appropriate remedies.
2. Learned Standing counsel No. I, for the State Government, has stated before the Court that in CWJC No. 4394 of 2005 (Md. Yasin Ansari), CWJC No. 4390 of 2005 (Govind Prasad Yadav), and CWJC No. 3782 of 2005 (Pan Devi), counter affidavits have been filed, wherein, it has been stated that benefits arising out of the Government resolution dated 9.2.1973 have already been paid to the petitioners of these writ petitions. However, learned Counsels desire that they may be again verified and, if they are not paid, they should be actually paid.
3. In view of the aforesaid consensual statement, as well as, upon consideration of the Government resolution No. 763 dated 9.2.1973, issued by the Education Department of the State of Bihar, the respondent State Government are directed to examine, seriously, and decide the claims of the petitioners, whether they are entitled to the benefits emanating or arising out of the resolution No. 763 dated 9.2.1973, referred hereinabove. Upon conscientious decision having been taken by the Government to convert the Non-Government elementary schools into Government schools, since the petitioners or those, whose legal representatives have been brought on record, were actually and initially appointed as Assistant teachers before the date of the resolution, they be paid the benefits arising out of the said resolution within a period of ten weekes from today with an intimation, in writing, by a registered post to the concerned petitioner/petitioners within a period of ten days thereafter with a clarification that the Government shall verify whether the benefits have already been accorded and received by the petitioners or not and if such benefits are not received, the respondent State shall see that the same are given immediately if they are entitled.
4. Likewise, it is further clarified that out of the petitioners, who are found to be entitled to be paid the benefits arising out of the said resolution, shall be paid within two months after the decision is taken by the Special Cell in the Education Department of the State of Bihar with appropriate interest in terms of the Government resolution existing and with a further clarification/direction that the monetary benefits granted by the Government to some of the petitioners which are lying in the suspense accounts, shall be paid to those petitioners in terms of the rules and regulations from that account.
5. With these observations all these writ petitions shall stand disposed of finally, as the same have been taken up upon consensus and joint request for final decision today.
6. Let a copy of this order be given to the learned Standing Counsel No. 1.