IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4520 of 2009 JAI RAM SINGH Versus THE STATE OF BIHAR & ORS ----------- 2/ 13/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The matter was passed over on 10.4.2009 to enable learned counsel for the State to obtain instructions. Today Learned counsel for the State submits that despite sending a FAX message to the District Magistrate, Nawadah and to the Secretary of the Department at Patna he has received no instructions. The petitioner was placed under suspension with effect from 2.7.2007. His grievance is that he has not been paid a single farthing as subsistence allowance till today. The order of suspension at annexure-1 has been passed by the District Superintendent of Education, Nawadah. It appears that the petitioner was taken into custody and upon his release has also filed a representation as far back as 30.12.2008 for release of his subsistence allowance. Whether the petitioner files a representation or not, is of no relevance. Under Rule-96 of the Bihar Service Code the Government as the employer has a 2 statutory obligation to pay subsistence allowance in the manner prescribed. The opening line of the provision reads as “Shall be entitled”. At this stage the writ petition does not appear to raise any legal issues for adjudication for non- performance by the respondents of a statutory obligation. To this Court, the writ application raises a purely administrative issue. Non-performance of administrative work by the administrator has resulted in a totally avoidable and unnecessary litigation burdening this Court when this Court is already overburdened. This Court is satisfied that the present litigation has been generated arbitrarily by the concerned official respondent. The apathy not to perform regular official duties is compounded by complete neglect of the claims of a citizen notwithstanding that he has approached the High Court seeking relief. This Court directs respondent No.2, the Secretary, Secondary, Primary and Adult Education to (a) ensure that the arrears of the subsistence allowance of the petitioner is paid to him within 10 days from the date of receipt/production of a copy of this order before him; (b) the Secretary shall further ensure that during the period of suspension the petitioner shall continue to receive his subsistence allowance in accordance with law 3 under the provisions of Rule-96 of the Bihar Service Code without awaiting any further applications from the petitioner in that regard. The respondent No.2 shall remain answerable to this Court for this administrative act. This Court further directs respondent No.2 to hold an administrative enquiry of the circumstances under which and why a purely administrative issue, for non performance of administrative obligation, reached this Court in the form of a writ application by a harassed citizen. This Court directs respondent No.2 to fix responsibility after such enquiry and initiate departmental proceedings against the concerned delinquent in the Department. Let this be done within a maximum period of one month from the date of receipt/production of a copy of this order. Let such affidavit of compliance be filed by respondent No.2 affirmed by himself within the same period. The application stands allowed. KC (Navin Sinha, J.)