IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6804 OF 2007 NITESH KUMAR @ MODI,S/O LATE YUGESHWAR MODI, R/O PATORI, P.S SINGHESHWAR, DISTRICT MADHEPURA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR, HUMAN RESOURCES DEPARTMENT, PATNA. 3.THE SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 4.THE REGIONAL DEPUTY DIRECTOR, KOSHI MANDAL, SAHARSA. 5.THE DISTRICT EDUCATION SUPERINTENDENT, MADHEPURA. 6.THE AREA EDUCATION OFFICER, MADHEPURA. 7.THE HEADMASTER PRIMARY SCHOOL TURKAHI, MADHEPURA ANCHAL. 8.THE ACCOUNTANT GENERAL BIHAR, PATNA. 9.THE SENIOR ACCOUNT OFFICER, ACCOUNTANT GENERAL, OFFICE, BIHAR, PATNA. 10.THE PROVIDENT COMMISSIONER, PANT BHAWAN, BIHAR, PATNA. ………………………RESPONDENTS. FOR THE PETITIONER: MR. DHANANJAY KUMAR SINGH, ADV. FOR THE STATE: PRAFULLA KUMAR JHA. FOR THE A.G BIHAR: MR. MADHURESH PRASAD. ---------- 02/ 16.09.2011 Heard counsel for the parties. Having regard to the fact that there are number of disputes involved in this writ application namely:- I. whether the services of the father of the petitioner was ever taken over by the State Government so as to make him entitle to receive payment of salary. II. Whether the School of the father of the petitioner was in fact a school covered by Section-3(1) and 3(3) of the Private School Take Over 2 Act 1976. III. Whether the petitioner himself is entitled to receive any amount on account of his being alleged adopted son for which proceedings are pending before the Civil Court. this court would find it difficult to pass any positive order in favour of the petitioner. Nonetheless as at one point of time the Area Education Officer, in his recommendation to the District Superintendent of Education in the year 1988 had made a recommendation for making the payment of salary to the alleged adoptive father of the petitioner and that there is no counter affidavit on behalf of the respondents which could have explained any of the aforementioned aspects, this Court will have no other option but to remit the matter back to the Director of Primary Education who will examine the claim of the petitioner and take his final decision as with regard to claim of payment of salary upto 8.7.1993 the date of death of the adoptive father of the petitioner. This application is accordingly disposed of with a liberty to the 3 petitioner to approach the Director Primary Education who on receipt of the said representation will make his own inquiry from the concerned field Office(s) and thereafter take a final decision as with regard to the claim of payment of salary by passing a reasoned order on the representation of the petitioner within six months of receipt of such representation. It is, however, made clear that even if the adoptive father of the petitioner is held entitled for such payment, the amount shall not be paid to the petitioner unless the Civil Court decides in his favour by issuing a succession certificate in his name in the pending succession case. Ranjan (Mihir Kumar Jha, J.)