IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13890 of 2009 1. VIKASH KUMAR PANDEY S/O SRI RAMAKANT PANDEY MOH-NEPALI TOLA, MUDILA RAM NAGAR, P.S- RAM NAGAR, DISTT- WEST CHAMPARAN 2. DIWAKAR KUMAR S/O SRI RAMDEO PANDIT VILL +P.O- DUMARIA STATE, P.S- SIKARPUR, DISTT- WEST CHAMPARAN AT BETIAH 3. NIBHA ROY @ NIBHA KUMARI W/O SRI ANISH KUMAR VILL-BILASHPUR, P.S- RAMNAGAR, DISTT- WEST CHAMPARAN AT BETTIAH 4. MANJU DEVI W/O SRI NEERAJ KUMAR VILL- JURA PAKORI, P.S- RAM NAGAR, DISTT- WEST CHAMPARAN AT BETIAH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHR, PATNA 2. THE DISTRICT MAGISTRATE WEST CHAMPARAN AT BETIAH 3. THE DISTRICT SUPERINTENDENT OF EDUCATION WEST CHAMPARAN AT BETTIAH 4. THE BLOCK DEVELOPMENT OFFICER RAM-NAGAR, DISTT- WEST CHAMPARAN 5. THE BLOCK EDUCATION EXTENTION OFFICER RAM NAGAR, DISTT- WEST CHAMPARAN 6. THE MUKHIYA OF GRAM PANCHAYAT KHATAURI P.S- RAM NAGAR, DISTT- WEST CHAMPARAN 7. THE PANCHAYAT SECRETARY OF THE GRAM PANCHAYAT KHATAURI, P.S- RAM NAGAR, DISTT- WEST CHAMPARAN ----------- 2 25.1.2010 Heard counsel for the petitioners and the counsel appearing for the State. Prayer of the petitioners is for a direction to the concerned respondents for making payment of their arrears of salary since 30.3.2006 till date and also current salary on month to month basis. Petitioners’ case is that they were selected on the post of Panchayat Shiksha Mitra in Khatauri Gram Panchayat and the Sukh Suvidha Committee in its 2 meeting dated 10.2.2006 has taken a decision to publish the merit list of the selected candidates, petitioners’ name were in the merit list and through memo no 1 dated 29.3.2006 the appointment letter was issued in favour of the petitioners. They joined on the post on 30.3.2006. While working on the post of Panchayat Shiksha Mitra, they were absorbed on the post of Panchayat Teacher with effect from 1.7.2006 as provided under Rule 20(iii) Bihar Primary Panchayat Teachers (Appointment and Service Condition) Rules, 2006. Still though petitioner was continuously discharging their duties, no salary has been paid to them with effect from the date of their initial appointment till date. It is true that payment of salary to the Panchayat Teacher is made under the signature of Mukhiya and Panchayat Secretary of the Gram Panchayat, Khatauri, Ram Nagar, West Champaran. A fund for payment of salary to Panchayat Teachers are released by the concerned District Superintendent of Education, he is vested with the over all powers to manage the financial discipline with regard to payment of salary to the Panchayat Teachers. In case requisite fund has already been released to the concerned Gram Panchayat but payments are not 3 made to the teachers, who are working, in that case, the District Superintendent of Education has to take necessary action against the erring person, may be the Panchayat Secretary, Mukhiya or the Headmaster of the School. This application is being disposed of directing the District Superintendent of Education, West Champaran, to inquire into the matter. In case fund has already been released for payment of salary to the petitioners but it is not being paid, necessary action is required to be taken by the District Superintendent of Education. He will have to ensure that within four weeks from the date of production/communication of this order, all payment of arrears of salary is paid to the petitioners. The District Superintendent of Education will also monitor the payment of month to month, current salary to the petitioners. However, before final release of salary in favour of the petitioners attendance register of the school, must be verified by the District Superintendent of Education.. (Mridula Mishra,J.) A.Kumar