IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3395 of 2007 1. Ramashish Rai Son of Sri Girija Rai resident at Pandey Patti, Buxar, Posted as an Assistant Teacher, Govt. Basic School, Karahansi, P.S. Buxar Mofassil, District – Buxar. 2. Bikramaditya, Son of Sri Kamla Prasad, resident of village Manikpur, P.O. Keshopur, District – Buxar, Posted as an Assistant Teacher, Govt. Basic School, Sarenja, P.O. Sarenja, District – Buxar. 3. Nilkant Dhiraj, Son of Sri Radha Krishan Prasad resident of village and Post Dumrao, District Buxard Posted as an Assistant Teacher, Govt. Basic School, Sarenja, P.O. Sarenja, District – Buxar. …. Petitioners. Versus 1. THE STATE OF BIHAR through its Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Secondary Education, Human Resources Development Department, Bihar, Patna. 3. The Director, Primary Education, Human Resources Development Department, Bihar, Patna. 4. The Regional Deputy Director of Education, Patna Division, Patna. 5. The District Education Officer, Buxar. 6. The Sub-Divisional Education Officer, Buxar. 7. The Incharge Headmaster, Govt. Basic School Karahansi P.S. Buxar Mofassil, District –Buxar. 8. The Incharge Headmaster, Govt. Basic School, Sarenja, District – Buxar. …. Respondents. ----------- 02/ 14.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have filed this writ application for a direction to the respondents for payment of arrears of salary. Learned counsel for the petitioners submits that the petitioners have already filed representation for the purpose before respondent no. 5, District Education Officer, Buxar, copy whereof is contained in Annexure-4 series, and prays that this writ application may be disposed of with a direction to - 2 - respondent no. 5 to consider the representation and pass appropriate orders in accordance with law. Accordingly, this writ application is disposed of with a direction to respondent no. 5, District Education Officer, Buxar to consider the pending representation before him and pass appropriate orders in accordance with law. For convenience of respondent no. 5 petitioners are given liberty to file a fresh representation within one month from today. In case such representation is filed, the District Education Officer shall consider the same and pass final orders within three months thereafter. In case he finds the claim of the petitioners as genuine he shall pass consequential orders for payment of the arrears of the salary of the petitioners. However, in case he does not find any merit in the claim of the petitioners he shall pass specific order giving specific reasons for the same and communicate the same to the petitioners within the said period itself. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners which has to be considered by respondent no. 5 strictly in accordance with law. DKS/ (J. N. Singh, J.)