Judgment Nagendra Rai, J. 1. Inspite of valid service of notice no body appeared on behalf of the respondents. 2. This appeal is barred by limitation. 3. Having heard learned counsel for the appellants and taking into consideration the averments made in the limitation petition we are satisfied that sufficient ground has been made out to condone the delay in filing the appeal. Accordingly, the limitation petition is allowed and the delay in filing the appeal is condoned. 4. This appeal is directed against the order dated 16th July, 1996 passed by the learned Single Judge whereby he issued a direction to issue formal letters of appointment as Assistant Teachers in favour of writ petitioners-respondents. 5. Admittedly, the State Government, by order dated 5-1-1984 took over the management of the school along with the services of the teachers under Section 3(4} of the Bihar Non-Government Primary School (Taking Over Control) Act, 1976. 6. It is also admitted position in that the two writ petitioners-respondents were appointed as Assistant Teachers in Ram Chandra Prasad Mahasay Middle School, Sahebganj, Chapra on 1-8-1974 and 5-8-1974 respectively. At the time of appointment they were untrained teachers. 7. The question for consideration is as to whether services of the writ petitioners-respondents who were appointed after the relevant date (1-1-1971) be absorbed after taking over the school in question. 8. This question is no longer res integra as the Supreme Court in the case of State of Bihar V/s. Laldeo Prasad Yadav (Civil Appeal No. 847 of 1994 disposed of on 21st January, 1994) and State of Bihar and Ors. V/s. Ramdeo Yadav and Ors. (Civil Appeal No. 4283 of 1996) disposed of on 26th February, 1996 (Annexures 2 and 3) has held that the services of employees after taking over school appointed after 1 -1 -1971 will not be taken over. 9. In that view of the matter, the learned Single Judge was not justified in law in directing for absorption/appointment of the writ petitioners-respondents. In the result, the impugned order dated 16th July, 1996 passed by the learned Single Judge in C.W.J.C. No. 3192/1984 is set aside and the appeal is allowed.