D. P. Wadhwa, J. - (1.) Leave granted.
(2.) On refusal of the Patna High Court to initiate proceedings for contempt against the respondents, the appellants have come to this court.
(3.) The appellants were working as Assistant Teachers in different elementary schools in Godda district in the State of Bihar. They are in the category of untrained teachers. Their services were terminated. Some of the teachers similarly placed filed writ petitions in the High Court against their termination and the matter ultimately reached this Court. It is not necessary to go into the various stages of the litigation except to note that this Court by order dated November 30, 1992 in Birendra Kumar v. State of Bihar, (CA 1 of 1992) directed as under: "We, therefore, direct once again that if there are vacancies and if there are not trained teachers available the untrained teachers who were employed prior to the new rule came into operation, would be reinstated in service if after subjecting them to the selection process they are found suitable. If there are no vacancies, they would be empanelled according to their seniority and would be appointed according to their seniority in the vacancies arising in future. Unless this panel is exhausted, no new appointment of untrained teachers will be made from outside. It is understood that those eligible for being so appointed will be the ones who were appointed before the new rule came into operation. While making the appointments of those who were so in service prior to the date of appointment, the State Government will relax the age limit, if necessary. We are informed that the appellants involved in the present case were paid salaries till 30th June, 1991. We also understand from Mr. B. B. Singh, learned advocate appearing for the State that all the vacancies have been filled in till 1-1-1992. If there were vacancies and yet the appellants were not appointed in the said vacancies such of the appellants who were eligible to be appointed and yet were not appointed in spite of the vacancies, would be entitled to the salaries from 1st July, 1992 till their appointment. However, if there were no vacancies and all the appellants or some of them have to be appointed in the new vacancies which may be available hereafter, they will not be entitled to the salaries from 1st July, 1992, till the date of their appointment. However, when they are appointed the period of break in service not exceeding one year will be taken into consideration for benefits other than salaries. The appeal is disposed of accordingly with no order as to costs." ;