LexBIHAR STATE GOVERNMENT SECONDARY SCHOOL TEACHERS ASSOCIATION versus BIHAR EDUCATION SERVICE ASSOCIATION & ORS.
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A B c [2012) 11 S.C.R 50 BIHAR STATE GOVERNMENT SECONDARY SCHOOL TEACHERS ASSOCIATION v. BIHAR EDUCATION SERVICE ASSOCIATION & ORS. (Civil Appeal Nos. 8226-8227 of 2012) NOVEMBER 23, 2012 [SURINDER SINGH NIJJAR AND H.L. GOKHALE, JJ.] SeNice Law: Secondary School Teachers of Bihar Subordinate Education Service - Upgradation and merger of in Bihar Education SeNice - Notification dated 11.4.1977 and State Government Resolution dated 7. 7.2006 - Held: The decision D to merge the cadres is a matter of policy - It is for the State to decide as to which cadres should be merged so long as the decision is not arbitrary or unreasonable - Resolution dated 7. 7.2006 is well reasoned and justified and is upheld - It cannot be called arbitrary or unreasonable to be hit by Art. 14 of the Constitution - Judgment of Single Judge in CWJC E No. 867912002 and impugned judgment of Division Bench of High Court are set aside - Consequently, the notification dated 19. 11. 2007 issued pursuant to the decision of Single Judge will also stand quashed - Constitution of India, 1950 - Art.14 - Administrative Jaw - Policy decision. F Constitution of India, 1950: Art. 141 - Law declared by Supreme Court to be binding on all courts - Held: High Courts cannot ignore Art. 141 - G When the judgment of a court is confirmed by the higher court, the judicial discipline requires that court to accept the said judgment, and it should not in collateral proceedings write a judgment contrary to the confirmed judgment - The manner in which the Single Judge proceeded with Writ Petition H 50 BIHAR STATE GOVT. SEC. SCHOOL TECH. ASSN. v. 51 BIHAR EDU. SER. ASSN. No.1009112006 to reopen the entire controversy, and also the A Division Bench in the LPA in approving that approach is far from satisfactory - If the orders passed by Supreme Court were not clear to the State Government or any party, it could have approached the Court for clarification - But it could not have set up a contrary plea in a collateral proceeding - Such B an approach was not expected from State Government as also from High Court - Judicial discipline - Res Judicata. Education: Secondary School Teaches - Upgradation of - Not C implemented - Held: Teachers have to be treated honourably and given appropriate pay and chances of promotion - It is certainly not e~pected of State Government to drag them to court ,in litigation for years together - The Court records its strong displeasure for the manner in which State Government D kept on changing its stand from time to time. In order to remove stagnation and open promotional avenues for Secondary School Teachers and other categories of employees, the State Government of Bihar, E accepting the recommendation of Saran Singh Committee report, issued Notification dated 11.4.1977 to the effect that posts of teachers and Stadium Managers would be included in the Bihar Education Service Cadre. However, non-implementation of the said Notification gave rise to litigation and, ultimately, the Supreme Court F by its order dated 19.04.2006, while dismissing the appeal filed by the State Government, directed it to implement the Notification dated 11.4.1977. Consequently, the State Government by its decision dated 3. 7 .2006 proposed to upgrade the posts of G Subordinate Education Service with Bihar Education Service Class-II w.e.f. 1.7.1977. Accordingly, the Order of Governor of Bihar was issued on 7.7.2006 stating that teachers of Subordinate Service (Teaching Branch) were merged into Bihar Education Service Class-II w.e.f. H 52 SUPREME COURT REPORTS [2012) 11 S.C.R. A 1.7.1977 in accordance with the Finance Department Notification dated 11.4.1977. Subsequently, Notification dated 9.10.2006 was issued giving effect to the Resolution dated 7.7.2006 with respect to three teachers. Thereupon Bihar Education Service Employees filed Writ Petition No. B 10091/2006. The Single Judge, referring to the observations made by Supreme Court in its order dated 19.04.2006 that it was for the High Court to decide whether the notification of the State Government was implemented in the manner required, held that the C Government decision accepting the recqmmendation of the Committee was with regard to miscellaneous cadre only and while doing that there was no occasion for the State Government to take a decision to merge the teaching branch of Bihar Subordinate Education Service 0 with
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