IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17569 of 2009 1. MUNNILAL BHAGAT S/O GORAKH BHAGAT R/O VILL KAITHWALIA,P.S.KALYANPUR, DISTT-EAST CHAMPARAN, PRESENTLY POSTED AS PRAKHAND TEACHER OF GOVT. MIDDLE SCHOOL KAITHWALIA, P.S.KALYANPUR, DISTT-EAST CHAMPARAN Versus 1. THE STATE OF BIHAR , THROUGH THE COMMISSIONER CUM- SECRETARY, HUMAN RESOURCES DEPARTMENT BIHAR, AT PATNA 2. DISTRICT MAGISTRATE EAST CHAMPARAN,MOTIHARI 3. DISTRICT SUPRINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI 4. PRAKHAND VIKASH PADADHIKARI KALYANPUR, DISTT-EAST CHAMPARAN 5. BLOCK EDUCATION EXTENSION OFFICER KALYANPUR, DISTT-EAST CHAMPARAN ----------- 2 12.4.2010 Counsel for the petitioner is permitted to add Mukhiya, Gram Panchayat Raj, Pakri Dixit, District East Champaran as Respondent No.6. Let him do so in course of the day. Heard counsel for the petitioner and the State. Petitioner’s prayer is for a direction to the respondents to make payment of his salary which is due since February, 2008 till date. Petitioner was appointed as Panchayat Shiksha Mitra in the year 2005. While continuing on the post, absorption as Panchayat Teacher was made with effect from 1.7.2006. Subsequently in the year 2008 the Chairman of the Vidyalaya Siksha Samiti Kaithwalie Govt. Middle School made a complaint to the 2 Block Education Extension Officer, Kalyanpur that at the time of his appointment petitioner was overage. His age on the date of appointment should have been 32 years but it was more than 32 years. On account of this complaint, a controversy was raised. Police case was also instituted against the petitioner. An inquiry was also conducted with regard to his matriculation certificate. The matriculation certificate of petitioner was sent to the Secretary, Bihar School Examination Board and the Board, after due verification submitted a report certifying that the genuineness of petitioner’s candidature and the date of birth mentioned in the matriculation certificate to be correct. The Block Education Extension Officer, Kalyanpur, East Champaran receiving the letter No. 898 dated 2.12.2008 from the Secretary of Bihar School Examination Board, duly issued an Office order informing all concerned that the petitioner’s date of birth in the matriculation certificate is same, which was given at the time of his appointment. Counsel for the petitioner submits that despite the fact all doubts have been clear, enquiry completed, a 3 letter has been issued by the Block Education Extension Officer, regarding settlement of controversy regarding the age of the petitioner, payment of his salary has not be resumed. This application is being disposed off giving direction to the District Superintendent of Education, Motihari, East Champaran, the Block Education Extension Officer, Kalyanpur, East Champaran and the Mukhiya, Gram Panchayat Raj, Pakri Dixit, East Champaran for making payment of entire dues of salary to the petitioner which has been stopped since February, 2008 till date. Payment must be made within eight weeks from the date of production/communication of this order. Respondents are further directed to continue with the payment of salary to the petitioner on month to month basis. (Mridula Mishra,J.) A.kumar