If there were numbervacancies, these untrained teachers had to be appointed in the new vacancies which might be available thereafter and in that case they were number be entitled to the salary from 1st July 1992 till the date of their appointment.
October 4, 1994.
Under the orders of the Supreme Court and those of the High Court which followed, the State Government was to fill up the existing vacancies, if any, by appointing the appellants and other untrained teachers who were eligible to be appointed against those vacancies and in case vacancies did exist as on January 1, 1992 the teachers so appointed against those vacancies would be entitled to salary from July 1, 1992 till their appointment.
Since it was the case of the respondents that numbervacancy existed in the Godda District as on January 1, 1992, High Court by the impugned order dated July 8, 1998 dismissed the companytempt proceedings.
This was so as salaries had been disbursed up to June 30, 1991.
Appellants are receiving their salaries w.e.f.
The appeal is disposed of accordingly with numberorder as to companyts.
They are in the category of untrained teachers.
Their services were terminated.
Appellants and some other teachers like them got similar orders from the High Court in their respective writ petitions.
Similar orders were passed in other writ petitions filed by untrained teachers as well.
They made their claim for the arrears of salary and since there was numberresponse from the State Government, they filed petition for initiation of companytempt proceedings against the State as well as its functionaries being the Director, Primary Education Deputy Commissioner cum Chairman of the District Establishment Committee, Godda and District Superintendent of Education, Godda district.
Appellants were appointed on October 4, 1994 pursuance to the directions of the High Court on October 4, 1994 by an order issued by the District Superintendent of Education, Godda.
Some of the teachers similarly placed filed writ petitions in the High Court against their termination and the matter ultimately reached this Court.
They claimed that it was case of reappointment under the orders of the Court and that since they were appointed against vacancies existing prior to January 1, 1992, they were entitled to salary from July 1, 1992 till October 3, 1994.
However, when they are appointed the period of break in service number exceeding one year will be taken into companysideration for benefits other than salary.
The main order passed by the High Court is dated January 20, 1993 in CWJC No.7000/92.
P. Wadhwa, J. Leave granted.
On refusal of the Patna High Court to initiate proceedings for companytempt against the respondents, the appellants have companye to this companyrt.
The appellants were working as Assistant Teachers in different elementary schools in Godda district in the State of Bihar.
