IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9816 of 2009 FOTE LAL JHA, S/O LATE SURKHI LAL JHA, RESIDENT OF VILLAGE-RANGRA, P.S. GOPALPUR, DISTRICT-BHAGALPUR, AT PRESENT-WORKING AS ASSISTANT TEACHER/IN CHARGE, HEADMASTER, MIDDLE SCHOOL, SAGUINA, BLOCK- DAGAURUA, DISTRICT-PURNEA…… PETITIONER. Versus 1. THE STATE OF BIHAR through the District Magistrate, Purnea. 2. The Director, Primary Education, Bihar, Patna. 3. The District Superintendent of Education, Purnea. 4. The Range Education Officer, Amout, Dagarua block, P.S. Dagarua, Disrict-Purnea. 5. Block Education Extension Officer, Dagarua, P.S. Dagarua, District- Purnea …………………. ………. Respondents. ----------- 2. 31.08.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This is the second round of litigation by the petitioner for same relief. Earlier, he came before this court and had filed C.W.J.C. No. 9345 of 2004, which was heard analogous with several other cases and a direction was issued to the Director, Primary Education, Bihar to consider the claim of the petitioners and dispose of their representations by a reasoned order within the specified time and, thereafter, make payment of salary within six weeks from the date of disposal of the representation. Petitioner’s grievance is that in the light of this order, the Director, Primary Education, passed an ex-parte order rejecting his claim for arrears of salary for the period, 18.02.2004 to 07.05.2006 on the ground that he has not worked for this period and also did not sign attendance register. The impugned order was passed in absence of the petitioner as the - 2 - notice issued by the Director, fixing a date of hearing on 27.03.2009 was received by him on 05.04.2009, as such, he could not appear before the Director and place his documents in support of his claim for payment of his salary and other consequential benefits. In this circumstance, without considering his claim, the order was passed by the Director, Primary Education, rejecting his claim for salary for the period 18.02.2004 to 07.05.2006, on nonest ground since this was the period during which the concerned Block Education Extension Officer had restrained him from putting his signature in the attendance register on the ground that genuineness of his appointment is being verified by the authorities. Subsequently, his appointment was found legal and made in accordance with law by the authorities, such as, the District Magistrate, District Superintendent of Education, Deputy Development Commissioner and Block Education Extension Officer. However, the arrears of salary and the increments of that period were not paid. Since representation of the petitioner was considered in his absence, as such, the attention of Director of Primary Education could not be drawn towards all these facts and the order was passed, rejecting his claim for salary for the period 18.02.2004 to 07.05.2006. Considering the fact that the petitioner has not been given opportunity to defend his claim, this matter is being disposed of remanding it again to the Director, Primary - 3 - Education, Bihar to reconsider petitioner’s representation which has been annexed as Annexure-9 to this writ application, fix a date giving prior notice to the petitioner and decide his claim in his presence by passing a reasoned order. In case the petitioner’s claim is found to be proper and genuine, all payments for which the petitioner has filed representation should be allowed. The order must be passed within four weeks from the date of disposal of the representation. All necessary steps should be taken by the Director, Primary Education for payment within eight weeks from the date of receipt/production of a copy of this order. The order contained in Annexure-4 passed by the Director , Primary Education, rejecting claim of the petitioner is quashed. This writ application is disposed of. akv (Mridula Mishra, J.)