IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2582 of 2003 DHARAMDEO TIWARI, S/o Late Ram Jag Tiwari, R/o Village – Rampur Joi, P.S.-Sheo Sagar, Dsitrict-Rohtas at Sasaram. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Primary Education, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate-cum-Collector, Rohtas at Sasaram. 5. District Superintendent of Education, Rohtas at Sasaram. 6. Area Officer, Dihri, Sasaram. 7. Head Master, Middle School, Amra Talab, District- Sasaram. 8. The Head Master, Middle School, Gobardhanpur, District-Sasaram. ………. Respondents. ----------- 3. 26-07-2010 Heard learned counsel for the petitioner and the learned counsel for the State. The prayer of the petitioner in this writ application reads as follows: 1.(i) To issue a writ of mandamus or any other writ or writs, direction or directions commanding the respondents to make payment of the arrears of the salary to the petitioner which is due from December, 1999 to 18-12-2000 along with interest permissible under law.” With regard to aforementioned prayer counsel for the petitioner would submit that in terms of the order of transfer of December, 1999 he was relieved only on 9.12.2000 and therefore, non-payment of salary for the period December, 1999 to 18.12.2000 in which the petitioner had admittedly worked in Amra Talab Middle School Rohtas would be legally payable to him inasmuch as he had actually worked in the Amra Talab Middle School Rohtas till 09-12-2000. In this case, no counter affidavit has been filed on which 2 this court could have taken its final decision. That being so, this court would direct the petitioner to file his representation before the competent authority namely Respondent no. 3, Director, Primary Education, Government of Bihar, Patna, who will look into the aspect as to whether the petitioner was at fault in not joining in the transferred school or that whether the petitioner had actually continued to work in the Amra Talab Middle School Rohtas before he was relieved on 9.12.2000 as claimed by him and also the headmaster of the school. In the event Director, Primary Education, Government of Bihar, would find that the petitioner was not at fault and had also done his duty for the period in question, he will direct for making payment of the salary of the petitioner. If, however the claim of the petitioner is rejected, the reasons thereof must also be communicated to him. Such exercise must be completed by the Respondent no. 3, Director, Primary Education, Government of Bihar, Patna within a period of six months from the date of filing of the aforesaid representation by the petitioner along with a copy of this order. With the aforementioned observation and direction this writ petition is disposed of. Sujit (Mihir Kumar Jha,J)