IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11264 of 2006 GEETA GHOSH aged 55 years w/o Sri R.B. Singh, resident of Kankarbagh, P.C. Colony, P.S. Kankarbagh, Town and district- Patna. Versus 1. THE STATE OF BIHAR . 2. Regional Deputy Director, Education, Patna Division, Patna. 3. District Education Officer, Patna. 4. Head Master, Modern High School, Dariyapur, Patna. ----------- 3 13.4.2011 The petitioner was transferred to Modern High School, Dariyapur, Patna and gave her joining with effect from 21.12.1995. The Headmaster/Headmistress finding some discrepancies sought a clarification. The result was that even though clarifications were ordered, the petitioner was not paid her due remuneration for the period from August, 1996 to December,1999 . Ultimately, the District Superintendent of Education and the Regional Deputy Director, Education, both directed respondent no.4, to make necessary correction in the date of joining and to ensure payment of salary regularly to the petitioner. The petitioner’s case is that her salary payment has been regularized. The correction in the record, with regard to date of joining, is not being made. An interlocutory application has been filed by the petitioner in March, 2010 wherein it is stated that during the pendency of the writ petition, the salary of the petitioner has been stopped though she has been in duty . From which date it has been stopped and for what reason it has been stopped, nothing has been stated. Today, a counter affidavit has been filed on behalf of respondent no.4, the Head 2 Mistress of the School concerned and it makes a very unfortunate reading. In the said counter affidavit it is admitted that the school is in possession of the communication up to the level of Regional Deputy Director, Education directing correction of date of joining issued as far back as in 2002 but she has only recently joined, she has sought clarification. In my view, it is an excuse not to do work. If it is admitted by respondent no.4 that the direction has been issued by Regional Deputy Director, Education as far back as in 2002 is on record and there being nothing contrary available on record then this fact having been brought to the notice of the authority. It was the duty of respondent no.4 to immediately implement the order and correct the date of joining, which remains without controversy. Instead she has decided to put the file once again seeking clarification instead of doing what was required of her duty. Under the circumstances, I direct that in accordance with the direction issued by Regional Deputy Director, Education as well as District Superintendent of Education, let respondent no.4 immediately correct the date of joining of the petitioner. So far as payment of salary of the petitioner is concerned, for the period during which her salary has not been paid, the respondent no.4 would disclose the reason within two weeks from the date of production of a copy of this order before her by the petitioner and if there is no valid reason, it shall be the responsibility of respondent no.4 and respondent no.3 to ensure that within one month petitioner’s full remuneration be 3 paid and in future remuneration ensured to be paid regularly except on legal expectation as available. With the aforesaid observation and directions, the writ petition is disposed of. Singh ( Navaniti Prasad Singh, J.)