IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.8178 of 2009 Suman Kumari, D/O Paras Nath Singh, W/O Brajesh Kumar, resident of village Roharakala, P.O. Kailgarh, P.S. Barhariya, district Siwan .. Petitioner Versus 1. The State of Bihar through Secretary, Human Resources Development Department, Government of Bihar, Patna 2. Director of Primary Education, Government of Bihar, Patna 3. District Superintendent of Education (D.S.E.), Siwan 4. Block Education Extension Officer (B.E.E.O) Barhariya, district Siwan 5. Mukhiya, Panchayat Raj, Kailgarh, district Siwan 6. Panchayat Secretary, Panchayat Raj, Kailgarh, district Siwan .. Respondents **** /2/ 17.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has prayed for payment of salary with effect from April, 2007, till date as the same has been stopped without any rhyme and reason. Petitioner had earlier joined as Shikcha Mitra in the year 2003, which was extended till 2006. Subsequently, as per the decision of the State Government whereby the existing Shikcha Mitra was absorbed in as Panchayat Teacher, petitioner was also absorbed as Panchayat Teacher in Primary School, Siyarikarn, Anchal Barhariya, in the district Siwan. Petitioner was paid regular salary up to March, 2007, but, it stopped from the month of April, 2007. In spite of a representation to the District Superintendent of Education, Siwan, and other concerned authorities she is not being paid her salary though still 2 working on the post. 3. It goes without saying that any Government employee, if not put under suspension or awarded punishment in the departmental proceeding, is entitled for salary in lieu of his discharge of duty. It seems that the petitioner does not come in the category of the person whose salary should have been stopped as she is neither under suspension nor punishment has been awarded in any departmental proceeding. 4. Accordingly, this application is being disposed off directing the District Superintendent of Education, Siwan, the Block Education Extension Officer, Barhariya, Siwan, Mukhiya, Panchayat Raj, Kailgarh, Siwan, to look into the matter, start making payment of salary to the petitioner as she is working on the post, payment should be made to the petitioner within four weeks from the date of production/communication of this order. Cp:2/S.A. (Mridula Mishra, J.)