IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7801 of 2009 1. MUNNI DEVI, Wife of Shri Rajesh Prasad, resident of village – Machhauta, P.S. Daraunda, District – Siwan. 2. Basanti Devi, Wife of Shri Prithwi Ram, resident of village – Loper, P.O. Ramsapur, P.S. Daraunda, District – Siwan. 3. Sarwajeet Ram, Son of Sri Ram Nath Ram, resident of village – Nawalpur, P.O. Maharajganj, P.S. Daraunda, District – Siwan. 4. Kumari Meena Singh, Wife of Sri Ramparson Singh, resident of village – Sawanbigrah, P.O. Maharajganj, P.S. Daraunda, District – Siwan. 5. Kumari Malti, daughter of Rama Chaudhary, resident of village and P.O. Ramsapur, P.S. Daraunda, District – Siwan. 6. Puspa Kumari, Wife of Shri Rameshwar Bhagat, resident of village – Ruia, P.O. Ruia Bangra, P.S. Ziradei, District – Siwan. 7. Ramesh Kumar, Son of Sri Gama Chaudhary, resident of village and P.O. Ramsapur, P.S. Daraunda, District – Siwan. 8. Sobha Kumari, daughter of Shri Anirudh Singh, resident of village – Sawanbigrah, P.S. Maharajganj, P.S. Daraunda, District – Siwan. 9. Upendra Kumar Singh, Son of Late Sudarshan Singh, resident of village – Sawanbigrah, P.O. Maharajganj, P.S. Daraunda, District – Siwan. ……. Petitioners. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Siwan, District – Siwan. 3. The District Superintendent of Education, Siwan, District – Siwan. 4. The Block Development Officer, Daraunda, District – Siwan. 5. The Block Education Extension Officer, Daraunda, District – Siwan. 6. The Mukhiya, Gram Panchayat Raj, Ramsapur, Block – Daraunda, District – Siwan. 7. The Panchayat Secretary, Gram Panchayat Raj, Ramsapur, Block – Daraunda, District – Siwan. …. Respondents. ----------- 03/ 19.11.2009 CWJC No.7801/2009 & I.A. No. 7272/2009 Petitioners’ prayer in the main writ application was for a direction to the respondents to make payment of arrears of salary to the petitioners. Payment of salary of petitioner nos. 1, 2 and 3 had been stopped since December, 2006, petitioner nos. 4, 5 and 6 with effect from January, 2007, petitioner no. 7 with effect from February, 2007, - 2 - petitioner no. 8 with effect from March, 2007 and petitioner no. 9 with effect from April, 2007. Current salary is also not being paid to the petitioners, for the reason that earlier an order of termination had been passed against the petitioners by order contained in Letter No. 539 dated 22.6.2009 by the Block Development Officer, Daronda, Siwan. The termination order was challenged by the petitioners in C.W.J.C. No. 8172 of 2007 and the same was quashed on the ground that it has been issued in violation of principle of natural justice. However, for deciding the legality of petitioner’s appointment, the matter was remitted back to District Teachers Employment Appellate Tribunal. Petitioners continued to work on their posts and discharge their duties, during the pendency of appeal before the Tribunal. However, payment of salary was not resumed. Petitioners have approached this Court, for a direction to make payment of arrears and current salary. During the pendency of the writ application, the Appellate Tribunal decided the appeal initiated at the direction of this Court and by order dated 4.11.2009 contained in Memo No. 1150 the appointment of the petitioners was held to be legal. - 3 - Termination order issued by the Block Development Officer in the year 2007 already quashed by the High Court in C.W.J.C. No. 8172 of 2007, was also affirmed. The District Teachers Employment Appellate Tribunal, however, did pass any order, directing payment of salary because petitioners have already filed C.W.J.C. No. 7801 of 2009, for such direction and that was pending before the High Court. The Appellate Authority, recorded in its order that since matter is sub-judice before Hon’ble High Court, it will not be proper to issue any direction for payment of salary. In this circumstance, this writ application as well as Interlocutory application has been filed, which is being disposed off. Appointments of the petitioners have already been held legal and affirmed by the Appellate Tribunal. Petitioners are continuing on their posts, as such there is no reason for not making payment of salary to the petitioners, stopped with effect from the dates mentioned in the earlier paragraph. The respondents are directed to make payment of arrears of salary to the petitioners with effect from the date, it has been stopped in each case. The arrears of salary must be paid within eight weeks from the date of production/ - 4 - communication of this order. Petitioners are entitled for payment of regular month to month current salary and it should be paid to them on regular basis. DKS/ (Mridula Mishra, J.)