IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.731 of 2010 PRAMILA KUMARI W/O BIRENDRA KUMAR, D/O SONARIK VISHWAKARMA R/O VILL.- SHEKHWAR, P.O.- JINDAPUR, P.S.- M.U. BODH GAYA, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION GAYA 5. THE B.E.E.O., BODH GAYA, GAYA 6. THE DIVISIONAL COMMISSIONER MAGADH DIVISION, GAYA 7. THE D.M., GAYA 8. THE MUKHIYA GRAM PANCHAYAT, SHEKHWAR, BODH GAYA, GAYA 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT, SHEKHWAR, BODH GAYA, GAYA ----------- 04. 30.11.2010 According to the petitioner, she was validly appointed as a Shiksha Mitra in the year 2003 by the Shekhwar Panchayat, Both Gaya. Thereafter her service was extended and she has also been made a Panchayat Teacher. It is also her case that she has enhanced her educational qualification by obtaining an I.A. degree within the time frame after her such appointment as a Panchayat Teacher. But since 2005 her salary is not being paid though recommendations are there of the Block Education Extension Officer, Both Gaya, which would be evident from communication contained in Annexure-6 dated 6.7.2007. Notice was issued and ultimately served on the Mukhiya of Shekhwar Gram Panchayat as well as Panchayat Secretary but they have chosen not to appear and file counter affidavit in this matter. Prima facie, therefore, it seems that there is some kind of mischief for 2 extraneous consideration why they do not want to appear and defend their action for non-payment when Annexure-6 shows that necessary fund has already been released in favour of the Secretary of the Panchayat. The writ application is disposed of with a direction upon both the Mukhiya and the Panchayat Secretary of Shekhwar, Bodh Gaya that they will take steps for release of salary of the petitioner within a period of three months from the date of communication/production of a copy of this order. If no steps are taken by them then the petitioner would be free to bring a copy of this order to the notice of the District Magistrate, Gaya, who may take appropriate action against respondent Nos.8 and 9 within the parameter of law for non compliance of the directions in question. The writ application stands disposed of with directions above. rkp ( Ajay Kumar Tripathi, J.)