IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15531 of 2009 1. MATHURA MAHTO S/O LATE DEGAN MAHTO VILLAGE + P.O.- KARMA SHIJHAURI, P.S.- SIKANDRA, DISTT.- JAMUI, RETIRED HEAD TEACHER, PRIMARY SCHOOL, DUDH- DHARWA, BLOCK- JHAJHA, DISTT.- JAMUI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRATE JAMUI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION OFFICER JAMUI 5. THE BLOCK EDUCATION EXTENSION OFFICER JHAJHA, DISTT.- JAMUI 6. THE TREASURY OFFICER JAMUI ----------- 2 3.3.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed as Assistant Teacher in matric trained pay scale vide memo no.16634-834 dated 11.12.1980 and posted at Primary School, Dudhdharwa, under Ancal-Jhajha, District-Munger. Petitioner’s case is that after his appointment his educational certificates were sent for verification. The District Superintendent of Education, Jamui, on being satisfied regarding the genuineness of his educational certificates directed to pay salary vide memo no. 4418-23 dated 2.6.1984. After 25 years of his service from August 2001 payment of salary was stopped on the pretext of inquiry regarding his educational certificates. The payment of salary stopped from August, 2001 was not resumed till 28.2.2009 i.e. - 2 - date when the petitioner retired from his service. Specific case of the petitioner is that in the name of fishing inquiry, his payment of salary was stopped. During this period, he was not put under suspension. No departmental proceeding was initiated and thus there was nothing to show that any punishment order has been passed against the petitioner restraining payment of salary. The payment of salary was stopped arbitrary in complete disregard of the letter issued by the Human Resources Development Department, Government of Bihar,Patna restraining the concerned authority of the Education Department not to stop making payment of salary in the name of inquiry. Till the date of petitioner’s retirement the unending inquiry remained pending and no order was passed in that regard. In the similar matter this Court has decided the same matter, coming from the same district,Jamui. The District Superintendent of Education, Jamui seems to be in a habit of exercising his jurisdiction in arbitrary manner. This application is being disposed off directing the District Magistrate, Jamui as well as District Superintendent of Education, Jamui to make payment of entire arrears of salary of the petitioner since August, 2001 till February, 2009 i.e. date when the petitioner - 3 - retired. The respondents are also directed to finalize the pension matter of the petitioner and make payment of pension as well as pensionary benefits. The arrears of salary must be paid to the petitioner within a period of four weeks from the date of production/communication of this order. Pension matter should also be finalized within six weeks from the date of production/communication of this border and entire payment should be made to the petitioner without any delay. (Mridula Mishra,J.) A.Kumar