IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17434 of 2009 1. NACHIKETA KUMAR S/O SHRI YOGENDRA RAM, R/O VILL- LAKHNOUR, P.O +P.S- DEORIYA, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUZAFFARUR 3. THE BLOCK DEVELOPMENT OFFICER, PAROO , AT+P.O+P.S- PAROO, DISTT- MUZAFFARPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 5. BIBHA KUMARI, MUKHIYA GRAM PANCHAYAT RAJ BISHUNPUR, SARAIYA, AT+P.O-BISUNPUR, SARAIYA DISTT- MUZAFFARPUR 6. PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ BISHUNPUR SARAIYA, AT +P.O- BISHUNPUR SARAIYA, DISTT- MUZAFFARPUR ----------- 2/ 04.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed as Panchayat Teacher in Gram Panchayat Raj Bishunpur Saraiya, Block-Paroo, District- Muzaffarpur. After his appointment his salary from 28.12.2006 till date, was not paid to him though, he is continuously discharging his duties. Petitioner’s grievance is that he was appointed in the same transaction in same school in the same gram panchayat along with Smt. Chhaya. Smt. Chhaya on account of non-payment of salary filed C.W.J.C. No. 5939 of 2009, which was disposed of by order dated 13.05.2009, directing the Block Development Officer to consider her case and make payment of salary within a period of four weeks from the date of receipt and/or production of a copy of this order. In the light of High Court’s direction, Smt. Chhaya approached the Block 2 Development Officer and as per the petitioner’s information she was paid her arrears of salary and her current salary. Petitioner’s case was also similarly situated, as such, he also approached the Block Development Officer to give similar direction in his case as well. His case is identical to the case of Smt. Chhaya, but, despite filing his representation, no order was passed. Considering the fact that, petitioner’s case is identical to the case of Smt. Chhaya, this application is also being disposed of giving similar direction to the Block Development Officer to make petitioner’s arrears of salary as well as current salary on production of the copy of this order. Since, the order passed by the Mukhiya has already been held not in consonance with the law by the Block Development Officer, as such, the petitioner is entitled for his salary specially, for the reason that he is discharging his duties. This writ application is allowed with the aforesaid direction. Sanjeet/ (Mridula Mishra, J.)