IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4190 of 2002 RAM NARESH MISHRA, S/O LATE HARDEO MISHRA, R/O VILLAGE-RASULPUR, P.S.-AMNAUR, DISTRICT-SARAN, AT PRESENT POSTED AS ASSISTANT TEACHER, BISHESHWAR SEMINARY HIGH SCHOOL, CHAPRA (SARAN). …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR SECONDARY OFFICE, BUDHAMARG, P.S.-KOTWALI, DISTRICT-PATNA. 3. THE REGIONAL DEPUTY DIRECTOR, SARAN DIVISION, CHAPRA. 4. THE DISTRICT EDUCATION OFFICER, CHAPRA (SARAN). 5. THE HEADMISTRESS, BISHESHWAR SEMINARY HIGH SCHOOL, P.S.-SADAR, DISTRICT SARAN AT CHAPRA. ……………………RESPONDENTS. ----------- 4 10.09.2009 Petitioner has filed this writ application for a direction to the respondents to pay his arrears of salary due from January, 2002 while working as a teacher in school in Chapra district. Learned counsel for the petitioner submits that he has no instruction as on today whether the claims of the petitioner’s has already been redressed or not by the respondents. The writ application was filed on 22.3.2002. When the case was taken up on 18.4.2002 the respondents were directed to file counter affidavit in the case. However, in spite of passage of more than 7 years, nothing has come on records of this case, by way of counter affidavit or otherwise, to show that the claims of the petitioner have been considered and/or 2 denied by the competent authority or have been even considered. Learned counsel for the respondents is also not in a position to contend that the claims of the petitioner are in active consideration of have been considered and disposed of by the competent authority by now, in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. If the grievances of the petitioner have not been redressed and arrears of salary still remain due with the respondents, he must file a fresh copy of representation within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with his service history and other documents/circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into 3 consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all 4 the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. Arvind/ (J. N. Singh, J.)