D.K. Sinha, J. - (1.) THE present appeal under Clause 10 of the Letters Patent has been preferred by the petitioners against the order passed by the learned Single Judge in W.P.(S) No. 5199 of 2002 on 27.6.2007.
(2.) THE case of the appellants before the writ court was that a large number of vacancies for the post of Assistant Teachers in the Primary, Elementary and Middle Schools of Sehebganj, (North Santhal Pargena District) existed by notification dated 7.3.1981 and the applications were invited to be submitted for the said posts by 5 9.1981. Appellants being eligible and possessing required qualifications; applied for the pest of Assistant Teachers. The interviews were held in between August to September, 1981, whereafter, the appellants along with others were selected and their names appeared in the panel of successful candidates. Accordingly, they were appointed by the competent authority as per detailed chart. After joining to the assignment they continued working as teachers to the satisfaction of the authority, but they were terminated from there services on non est grounds and without assigning reasons. In the year 1934,1985 & 1986 a large number of Assistant Teachers similarly situated also: were terminated and consequently the aggrieved filed several writ petitions. Mr. Tandon, the learned Counsel for the appellants contended that by the order dated 20.1.1993 passed in C.W.J.C. No. 7000/1992 the Patna High Court quashed the impugned termination orders inclusive of the appellants and disposed of the writ application in the light of the directions given by the Apex Court in S.L.P.(Civil) No. 10051/1990 directing the State to fill up the said posts and reinstate the terminated Assistant Teachers including the appellants in service after. subjecting them to the selection process if they were found suitable The appellants further underwent selection process, pursuant to the above direction and a panel of the successful candidates was prepared by the respondents vide order dated 24.8.1194. The names of the appellants were included in the said panel dated 24.8.1994 for their reappointment on the post of Assistant Teachers and accordingly, they were appointed in the year 1996, 1997 & 2000 as per chart detailed in Annexure -1. The appellants accordingly joined their services immediately and started discharging their duties against he salaries paid to them regularly.
(3.) THE appellants after some time, represented before the respondents for payment of their arrears of salary for the intervening period during which they were thrown out of their services, but of no avail.;