IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.769 of 2008 SUBHASH PRASAD & ANR Versus THE STATE OF BIHAR & ORS ----------- 06/ 17.09.2009 Heard the parties. Admittedly now the order of the writ Court has been complied inasmuch as an order reinstating the writ petitioners has been issued on 10th September, 2009. A grievance has been raised on behalf of the petitioners that a direction to reinstate the petitioners was in clear terms that reinstatement should be forthwith whereas such prayer has been allowed after two years and two months and for that the respondents are likely not to pay any salary because the petitioners could not work. In the facts of the case, we are not inclined to pursue the contempt matter any further. The contempt matter is disposed of. The petitioners, may however point out their claim for salary on the plea they were not allowed to work for unusual long period due to inaction of the respondents, by filing appropriate representation. If such representation is filed, it will be considered on its own merit in accordance with law at any early date preferably within three months. The Regional Deputy Director of Education, Muzaffarpur is present pursuant to bailable warrant of arrest issued against him for his failure to give instruction for filing, 2 any show cause or appearance. His stand is that since no order was being passed by the Director, he was not in a position to give instruction. The explanation is not satisfactory. Whatever may have been the factual position, the same should have been made available to this Court through the State Counsel. Such inaction on the part of the Regional Deputy Director of Education, Muzaffarpur is not approved by this Court. He should be careful in future. His presence is dispensed with. S.Sb/- (Shiva Kirti Singh, A.C.J.) (Jyoti Saran, J.)