IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9538 of 2009 ASHA BHARTI W/o Ravindra Kumar resident of Village Bishanpur Jichho, P.S.Lodhi Dist.Bhagalpur, at present Head Mistress of Newly created Scheduled Caste Tola Bishanpur Jichho Primary School, now known as Satanpokhar Scheduled Caste Tola Primary School. Versus 1.THE STATE OF BIHAR 2.The Principal Secretary, Human Resources Department,Government of Bihar, Patna. 3.The Principal Secretary, Primary Education,Government of Bihar, Patna 4.Principal Secretary, Panchayat Raj, Government of Bihar, Patna. 5.Director, Primary Education,Government of Bihar,Patna 6.The District Magistrate, Bhagalpur. 7.The District Education Officer, Bhagalpur 8.District Superintendent of Education, Bhagalpur 9.The Block Development Officer, Goradih under the district of Bhagalpur. 10.The Block Education Extension Officer,Goradih,Dist.Bhagalpur. 11.Mukhia, Panchayat Raj, Bishanpur Jichho, Dist.Bhagalpur 12.Panchayat Secretary-cum-Panchayat Sevak, Panchayat Raj Bishanpur Jichho Dist. Bhagalpur. ----------- 2 25.8.2009. Heard counsel for the petitioner and the State. Initially the writ application was filed by the petitioner for quashing the order contained in Memo no.8 dated 26.8.2008 issued by the Mukhia and the Panchayat Secretary, Gram Panchayat Raj Bishanpur whereby the petitioner was transferred from Primary School, newly created Scheduled Caste Primary School, Bishanpur Tola Jichho to Primary School Chaudharya Dih West Goradih. The transfer order was challenged on the ground of being contrary to Rule 13 of Bihar Panchayat, Primary Teacher (implementation of Service Condition) Rule 2006. Supplementary affidavit has been filed from which it transpires that the District Superintendent of Education, Bhagalpur after issuing this transfer order has issued a direction to depute the petitioner in another school in the same panchayat and also to make payment of salary and other consequential benefit to the petitioner, due since April , 2008. Petitioner’s grievance is that despite this direction her arrears of salary since April, 2008 was not paid. However, the 2 transfer order was stayed and she was deputed in some other school in same Panchayat. On 1.7.2009 the District Superintendent of Education, Bhagalpur vide order contained in Memo no.1484 has permitted the petitioner to work in the school where she was initially working and the order of deputation issued recalling transfer order was quashed. In this very letter a direction was issued to treat the period since April, 2008 as a period on duty and to make payment of honorarium/ salary to the petitioner, but till date payment of salary has not been made. Considering the aforesaid fact, it is apparent that first grievance of the petitioner regarding transfer has already been redressed. She is posted in the same school where she was earlier working. Now only grievance is with regard to payment of arrears of salary since 2008 and current salary. For this also, the District Superintendent of Education, Bhagalpur has already issued direction contained in Memo no.1484 dated 1.7.2009. Accordingly the Mukhia and Panchayat Secretary of Panchayat Raj, Bishanpur Jichho are directed to implement the direction issued under Annexure-15 (Memo no.1484 dated 1.7.2009) within four weeks from the date of receipt/production of a copy of this order. This application is disposed of. Sss/- (Mridula Mishra, J)