IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20855 of 2010 YOGENDRA MEHTA, son of Late Kunji lal Mehta, resident of village- Tulsia, P.O.-baijnathpur P.s.- behariganj, dist-madhepura and retired from the postof asstt. Teacher, primary School Magarkuppi anchal-Triveniganj distt-Supaul. Versus 1. THE STATE OF BIHAR. 2. Principal Secretary H.R.D Department Govt. of Bihar, Patna. 3. Director, primary Education, H.R.D department Govt of Bihar Patna. 4. District Suptt. of Education Supaul. 5. Area Education Pipra, Dist, Supaul. 6. The head master cum drawing and Disbursing officer, middle School, Anchal Triveniganj Dist-Supaul. 7. Bihar School Examination board, Patna. through its Secretary 8. Secretary, Bihar school Examination Board, Patna. 9. Deputy Secretary (Vigilance), Bihar School Examination Board Patna. ----------- 3 14.2.2011 Despite indulgence allowed to the State counsel no counter affidavit has been filed till date. A counter affidavit on behalf of the Bihar School Examination Board has been filed which categorically states that the certificates annexed by the petitioner in the writ application contained as Annexures 2 and 3 series have been found to be in order, as per the tabulation register of the Board. This fact has been communicated to the District Superintendent of Education, Supaul vide letter dated 4.11.2009 which is 2 Annexure-5 to the writ application. Since the stand of the petitioner is that payment of salary was stopped only for this reason, then in the given circumstances and on verification and confirmation of the matriculation and teachers training mark- sheet, there is no reason why the petitioner should be now denied payment of his salary, which was stopped from May 2008 to May 2009. This writ application is disposed of with a direction upon the District Superintendent of Education, Supaul that he shall take necessary action for payment of salary of petitioner since in his case the matriculation and the teachers training certificates stand verified by the Bihar School Examination Board. Steps must be taken within a period of two moths from the date of receipt/production of a copy of this orders. Prakash (Ajay Kumar Tripathi,J.)