IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7917 of 2001 SHEO SHANKAR SINGH, S/O LATE RAMADHAR SINGH, R/O VILLAGE-RASAULI, POST-NOONAR, P.S.-PIRO, DISTRICT-BHOJPUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, BHOJPUR THROUGH ITS CHAIRMAN THE DISTRICT MAGISTRATE, BHOJPUR AT ARRAH. 4. THE DISTRICT MAGISTRATE, BHOJPUR AT ARRAH. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR. 6. THE AREA EDUCATION OFFICER, UDWANTNAGAR, DISTRICT-BHOJPUR. ………………RESPONDENTS. ----------- 6 12.11.2009 Petitioner has filed this writ application for a direction to the respondents to pay his arrears of salary from 2.9.1989 till date and current salary on month to month basis. A counter affidavit has been filed in the case, along with which, an order of the District Superintendent of Education, Bhojpur dated 4.2.2004 has been annexed as Annexure-A. The said order shows that on account of long absence of petitioner and after enquiry and after granting him opportunity, his services have been terminated from the date of issue of the order. The stand of petitioner is that he was not allowed to join throughout the period 2 inspite of his approach to different authorities of the department and inspite of communications made in this regard by him. Order of termination creates a new cause of action to the petitioner. Therefore, petitioner is given liberty to challenge the said order in a fresh writ application, if so advised. However the said order does not show any consideration with regard to payment of arrears of salary which might have become due to petitioner prior to his dismissal from service. Therefore, petitioner will be at liberty to file a representation before the respondents for payment of his dues of the period prior to his dismissal as may be admissible to him. If such a representation is filed within one month from today the concerned authority shall consider the same and pass appropriate orders in accordance with law, within two months thereafter. So far as this writ application is concerned, the same is disposed of in view of the above developments and with aforesaid liberties to the petitioner. Arvind/ ( J. N. Singh, J.)