IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 9851 of 2009 Renu Kumari, aged about 41 years, w/o Satendra Narain Singh, Resident of village – Pawapuri, P.S. – Deep Nagar, District – Nalanda, presently posted as Assistant Teacher in Bankatesh Sanskrit Primary-cum- High School, Raja Bazar, P.S. – Jehanabad, District – Jehanabad ………………… Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Special Director (Secondary Education), Bihar, Patna 4. The Chairman, the Bihar Sanskrit Education Board, Boring Canal Road, Patna 5. The Secretary, the Bihar Sanskrit Education Board, Patna 6. The District Education Officer, Jehanabad ……………………. Respondents ---------------------------------- 07. 30.08.2011 Heard learned counsel for the petitioner and the State and the Bihar Sanskrit Shiksha Board. Petitioner is Assistant Teacher in Bankatesh Sanskrit Primary-cum-High School, Raja Bazar. Petitioner has filed this application for a direction to the Respondents to make 2 payment of current salary as well as arrears of salary from the date of joining in Bankatesh Sanskrit Primary-cum-High School, Raja Bazar. Petitioner was appointed as Assistant Teacher in the concerned School in the year 1983 and since then, she is working continuously on this post. The School in question was given permanent recognition with effect from 01.04.1978, as such there is no dispute with regard to entitlement of the petitioner in receiving salary. Petitioner has annexed the order passed by the Director, Secondary Education-cum-Chairman, Bihar Sanskrit Shiksha Board, dated 06.05.2008, contained in Memo No. 1946, whereby a specific direction has been issued for making payment of salary to the teaching and non-teaching employees of this School. This order has been passed in the light of the direction of High Court in C.W.J.C. No. 8178 of 2004 (Sharvan Kumar Sharma & Anr. Versus The Stae of Bihar and Ors.). Counsel for the petitioner submits that despite specific order, being passed by the Director, Secondary Education and the 3 statement made in the counter affidavit of the State that a process of payment of salary to the petitioner has already been commenced, the Finance Department has also given concurrence for payment of salary to the petitioner, till date petitioner has not been paid her current as well as arrears of salary. There is no reason for not making payment of salary to the petitioner in view of this fact that the School in question was recognized by the State Government and all teaching and non-teaching staffs of such Schools are entitled for payment of salary. Finance Department has also given its concurrence for making payment of salary. Any delay at the instance of District Education Officer, Jehanabad, can not be considered for any just or legal reason. Accordingly, this application is being allowed, directing the District Education Officer, Jehanabad for making payment of arrears of salary with effect from the date of petitioner’s appointment as well as month to month current salary for the coming months. The arrears of salary must be paid to the petitioner 4 within eight weeks from the date of production / communication of this order. So far current salary is concerned, that will be paid to the petitioner without any objection by the authorities. SKM (Mridula Mishra, J.)