LAW FOR ALL

the promotional avenues for the teachers in Bihar Government Service.=The petition therefore prayed:- (1) for a direction to implement the decision contained in the notification dated 11.4.1977. (2) for a direction to prepare a combined gradation list of the Bihar Education Service Class II after placing the members of the Petitioner association in their appropriate places along with other constituents. (3) to restrain the respondents from acting upon the defective gradation list of 1995 (4) for the consequential reliefs, which meant increase in salary and allowances pursuant to the recommendations of the Pay Revision Committees appointed from time to time.= The State Government carried the matter further to this Court in SLP Nos.4937-4938/2001, and this Court dismissed the two SLP’s by its order dated 16.4.2001 which reads as follows:- “CORAM: Hon’ble Mr. Justice B.N Kripal Hon’ble. Mrs Justice Ruma Pal “Upon hearing the counsel the court made the following ORDER It is clear that the final direction which has been given to the Petitioner to implement the resolution dated 27th April, 1977 in the manner it is meant to be implemented. The petitions are disposed of.” Second round of litigation 12. It is, however, seen that inspite of the orders passed as above, State of Bihar did not issue the necessary orders for merger of the subordinate cadre of teachers into the Bihar Education Service, and consequential rise in pay. The law of finality of decisions which is enshrined in the principle of res-judicata or principles analogous thereto, does not permit any such re-examination, and the learned Judge clearly failed to recognize the same. The attitude of the State Govt. in this matter has caused unnecessary anxiety to a large number of teachers. The State Govt. must realise that in a country where there is so much illiteracy and where there are a large number of first generation students, the role of the primary and secondary teachers is very important. They have to be treated honourably and given appropriate pay and chances of promotion. If the orders passed by this Court were not clear to the State Govt. or any party, it could have certainly approached this Court for the clarification thereof. But it could not have setup a contrary plea in a collateral proceeding. We do not expect such an approach from the State Govt. and least from the High Court. Having stated this, although we have expressed out displeasure about the approach of the State Government, we refrain from passing any order as to costs.