IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1329 of 2009 ====================================================== 1. Ajit Kumar Singh, Son of Sri Paras Nath Singh, Resident of village and P.O. Ararua, P.S. Kargahar, District – Rohtas. 2. Smt. Madhu Kumari, wife of Sri Nawal Kumar Singh, Resident of village and P.O. Ararua, P.S. Kargahar, District – Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The District Magistrate, Rohtas at Sasaram. 3. The District Rashtriya Nijoyan Karyakarama (National Employment Programme), Rohtas at Sasaram. 4. The Zila Karyakaram Samanvayak (The District Programme Co- ordinator), Bihar Shiksha Pariyojana (Bihar Education Project), Rohtas at Sasaram. 5. The Block Development Officer, Kargahar, P.S. Kargahar, District – Rohtas. 6. The Block Education Extension Officer, Kargahar, P.S. Kargahar, District – Rohtas. 7. The District Superintendent of Education, Rohtas at Sasaram. 8. The Mukhiya, Gram Panchayat Raj, Ararua, P.S. Kargahar, District – Rohtas. 9. The Gram Sevak –cum- Secretary, Gram Panchayat Raj, Ararua, P.S. Kargahar, District – Rohtas. 10. The Headmaster, Middle School, Gogahara, Gram Panchayat Ararua, P.S. Kargahar, District – Rohtas. 11. District Development Commissioner (DDC), Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Narayan Rai, Advocate For the Respondent/s : Mr. AC to GP 19. ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 06/ 15-10-2011 Heard counsel for the petitioners and counsel appearing for the State. Petitioners are working as Prakhand Teachers in Middle School, Gogahara, District – Rohtas. Their prayer is for a direction to the respondents for making payment of arrears of their Patna High Court CWJC No.1329 of 2009 (6) dt.15-10-2011 2 / 4 2 salary, since 1.8.2006 i.e. the date of their appointment. Petitioners’ case is that since the date of their appointment and joining they are regularly working on the post with sincerity. There is no adverse remark against their appointment or their discharge of duty but for no valid reasons, payment of their salary has been withheld. Counter affidavits have been filed on behalf of Block Education Extension Officer, Kargahar (Respondent No. 6) and the District Development Commissioner, Rohtas at Sasaram (Respondent No. 11). Facts as disclosed in the writ application as well as from the counter affidavits indicate that against the vacancy of sanctioned post of Shiksha Mitra. Petitioners and others had applied, selection was made and the name of these two petitioners were also empanelled at Serial No. 91 and 93. These two petitioners, though had higher weightage, were not selected for appointment and inferior candidates were appointed by the Mukhiya of Gram Panchayat Raj, Ararua. Complaints were made against such appointments. Matter was verified and the Block Development Officer, Kargahar vide letter No. 551 dated 13.7.2005 directed to cancel such illegal appointments and stopped sending such appointees for training, who had been illegally Patna High Court CWJC No.1329 of 2009 (6) dt.15-10-2011 3 / 4 3 selected. Directions were also issued to take necessary action against them. The Block Development Officer, submitted a report before the Director, Rashtriya Niyojan Karyakaram (National Employment Programme), Rohtas at Sasaram regarding such illegality. Respondent No. 3 vide letter No. 59 dated 9.1.2006 directed the Mukhiya to cancel appointments of such illegally selected candidates namely, Krishna Singh, Sahebjan Ansari and Sanjita Devi, Further direction was to select Harendra Singh, Madhu Kumari and Ajit Kumar Singh (Petitioner nos. 2 and 1) from the select panel. Petitioners were thus appointed vide letter dated 1.8.2006 and since then they started working. Subsequently, one appeal was filed before the District Teachers Employment Appellate Authority, Rohtas challenging appointment of Harendra Singh but so far petitioners are concerned, their appointment was not challenged by any one. From the counter affidavit filed on behalf of respondents, it transpires that only reason for not making payment of salary to the petitioners is pendency of appeal before the Appellate Authority challenging appointment of Harendra Singh. No other reason has been disclosed in the counter affidavit filed on behalf of respondents for withholding payment of salary to the petitioners. It is strange that respondents have taken such an illegal Patna High Court CWJC No.1329 of 2009 (6) dt.15-10-2011 4 / 4 4 decision regarding withholding payment of salary to the petitioners, when their appointment is not under challenge before any competent authority and there is no stay order passed for not making payment of salary to the petitioners. For a non-existent reason, illegally respondents have withheld the payment of salary to these petitioners and such arbitrary act of the respondents cannot be allowed to continue. Accordingly, this application is allowed. Direction is being issued to District Development Officer, Rohtas at Sasaram and the Headmaster of Middle School, Gogahara for making payment of entire arrears of salary to the petitioners, which has been withheld since 1.8.2006 till date. Petitioners may be paid their month to month current salary and arrears of salary shall also be paid to the petitioners, within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J)