IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2225 of 2009 ARJUN PRASAD YADAV, SON OF LATE UCHIT LAL YADAV, RESIDENT OF VILLAGE – DIGHI, P.O.- DIGHI, POLICE STATION – MURLIGANJ, DISTRICT – MADHEPURA, AT PRESENT RETIRED ASSISTANT TEACHER FROM RAJKIYAKRIT PRIMARY SCHOOL, RUPAULI, ANCHAL SINGHESHWAR (WEST) IN THE DISTRICT – MADHEPURA. ……………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER –CUM- SECRETARY THE DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, DEPARTMENT OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPURA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, SINGHESHWAR (WEST), DISTRICT – MADHEPURA. 7. THE HEADMASTER, RAJKIYAKRIT PRIMARY SCHOOL, RUPAULI, ANCHAL SINGHESHWAR (WEST) IN THE DISTRICT – MADHEPURA. 8. THE OFFICE OF THE ACCOUNTANT GENERAL (A & E), BIHAR, PATNA. …………. RESPONDENTS. For the petitioner : - Mr. S.P. Srivastava, Advocate Mr. K. Vishoka Nanda, Advocate For the State : - Mr. P.K. Verma, Advocate Mrs. Jahan Ara, AC to AAG V. ----------- 06/ 22.07.2011 I.A. No. 4451 of 2011 Original petitioner Arjun Prasad Yadav died on 19.7.2009. I.A. No. 6026 of 2009 was filed by his widow Neelam Devi for substituting her name, but before any order could have been passed on substitution petition she also died. This interlocutory application has been filed by the sons of original petitioner, namely, Pritam Kumar and Gautam Kumar for substituting their names in place of original petitioner so that they could pursue the writ 2 application. The proposed legal heirs of the original petitioner intend to be substituted for the reason relief prayed in the writ application related to the monetary benefit claimed by the original petitioner. Arjun Prasad Yadav claimed to have been appointed by the Managing Committee of Primary School, Rupauli (Singheshwar) on 6.8.1970 i.e. the date of appointment of original petitioner being prior to 1971 and the School subsequently being taken over by the Govt. with effect from 06.01.1981. His claim was that he is entitled for his salary with effect from 06.01.1981 to 06.03.1995. Earlier also the original petitioner Arjun Prasad Yadav had moved before this Court for similar relief by filing C.W.J.C. No. 16301 of 2001 which was disposed of vide order dated 8.3.2007 with observation that Principal Secretary, Human Resources Development Department will examine the claim of the petitioner after perusal of all necessary documents and pass necessary orders. The present writ application has been filed by the original petitioner for quashing the order contained in Memo No. 6/Is-165/07/950 dated 15.10.2007, whereby the claim of the petitioner has been rejected. 3 On perusal of the impugned order, I find that Principal Secretary, Human Resources Development Department has passed reasoned order after considering the entire documents presented by the petitioner as well as Headmaster of the concerned school. Before passing the impugned order even the attendance register of the Primary School, Rupauli for the period January, 1985 to May, 1992 was examined. On perusal of the attendance register the finding recorded by the Principal Secretary, Human Resources Development Department is that neither petitioner’s name nor his signature in the attendance register. It would not have been clear that he was working in the school during the period for which he has claimed his arrears of salary. I do not find that there is any error in the impugned order, which could have given benefit to the petitioner for interference by this Court. On consideration of entire materials, I do not find any merit in this application, it is dismissed. DKS/ (Mridula Mishra, J.)