IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1493 of 2010 1. BRIJENDRA PRASAD SINGH S/O LATE KAMESHAR SINGH R/O VILL- MANAPUR, P.S. KONCH, DISTT. GAYA. VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION OFFICER MAGADH DIVISION, GAYA, DISTT. GAYA 4. THE DISTRICT EDUCATION OFFICER DISTT. GAYA ----------- For the Petitioner : Mr. Sharda Nand Mishra. Mr. Deepak Kuamr. For the State : Mr. Anil Kumar Sinha, A.C. to S.C.12. ------------ 02 01.07.2010 The petitioner was working as Clerk in Gandhi High School, Konch. He superannuated on 30.04.2007. It appears that on 04.02.2005 petitioner was suspended with retrospective effect from 30.12.2004 in contemplation of departmental proceedings. Subsequently, with effect from 12.03.2005 his suspension was revoked, even though he was superannuated on 30.04.2007, no departmental proceeding has been initiated, much less, memo of charges issued to him till date. It may be noted that he superannuated from Raj Kumari High School, Sinduari (Konch) Gaya. His grievance is that for the period 30.12.2004 to 12.03.2005 he has not been paid his wages. He had made a representation in this regard to the District Education Officer, Gaya, who considered the matter and issued orders on 20.10.2009 and directed the Headmaster (In-charge), Raj Kumari High School, Sinduari (Konch), Gaya to pay his full remuneration for the period 30.12.2004 to 04.02.2005 then up to 12.03.2005, after adjusting - 2 - any subsisting allowance may have been paid. Petitioner submits that in spite of this he has not been paid wages. Having considered the matter, in my view, the order of the District Education Officer is correct. There cannot be retrospective suspension. Petitioner having worked cannot be denied his wages. Thus, the order for payment of wages for the period 30.12.2004 to 04.02.2005 is correct. Similarly, there being no departmental proceeding initiated even up to date and the suspension having revoked petitioner cannot be denied his wages for the period 05.02.2005 up to 12.03.2005. Petitioner already having superannuated authorities must take pity on him and clear his dues however small it may be. I, therefore, direct the District Education Officer, Gaya to ensure that the Headmaster (In-charge), Raj Kumari High School, Sinduari (Konch) Gaya to ensure that arrears of salary for the period, as aforesaid, is made at the earliest and preferable not later than three months from the date of production of a copy of this order before the District Education Officer, Gaya. With the aforesaid observations and direction, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)