IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19604 of 2011 1. Kumari Meera W/O Ashok Kumar Head Mistress, Upgraded Middle School, Badhail, Khajoraha, Sonebarsa, District- Saharsa Versus 1. The State Of Bihar 2. The Director, Primary Education, Government Of Bihar 3. The Regional Education Deputy Director, Kosi Division, Saharsa 4. The District Education Officer, Saharsa 5. Brajendra Kumar Sahu Block Education Officer, Sonebarsa Raj, Sehara 6. Amit Kumar S/O Uday Ram Yadav R/O Vill.- Rakhauta, P.S.- Sonebarsa, District- Saharsa 7. Anokha Kumari W/O Kumar Chandra Bhushan R/O Vill.- Chakla, P.S.- Sonebarsa, District- Saharsa ---------------------------------- 2. 12.12.2011 Heard learned counsel for the petitioner and the State. The petitioner is a Head Mistress of the Upgraded Middle School, Bhadael, Khajuraha, Sonebarsa at Saharsa. It is submitted that notwithstanding the reports of the District Education Officer and the Regional Deputy Director of Education the petitioner is being unnecessarily harassed and her salary has also been stopped from November, 2010 without any justification in law. These acts have hindered proper functioning and development of the school also. Counsel for the State points out from the order of the Regional Deputy Director that 2 departmental proceeding has been initiated against the concerned. The writ petition appears to be raising purely an administrative issue at this stage. Payment of salary is a statutory right and cannot be withheld except in accordance with and the sanction of the law. If the orders of the District Superintendent of Education and the Regional Deputy Director of Education have not been complied, the Court considers the matter serious enough to be referred to the Director, Primary Education, so that not only the statutory right of the petitioner is protected in accordance with law but more particularly the school of which she claims to be the Head Mistress is permitted to function in the best interest of the students. Let necessary administrative orders be passed by the Director, within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)