IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15560 of 2007 Meera Chaudhary, Wife of Devshankar Choudhary, resident of Village Vijalpura, P.S. Arer, Dist. Madhubani. ---------- Petitioner Versus 1. The State of Bihar through the Secretary, Human Resources Department, Govt. of Bihar, Patna. 2. The Regional Deputy Director of Education, Education, Darbhanga Division, Darbhanga. 3. The District Superintendent of Education, Madhubani. 4. The District Education Officer, Madhubani. 5. The Headmaster, Government High School, Sarisao, Dist. Madhubani. --------- Respondents -------- 2 01.12.2011 Heard learned counsel for the parties. The perusal of the records would go to show that the husband of the petitioner was a government employee, a teacher in the government school who is said to be missing since 20.6.2005. The petitioner, however, has highlighted that the payment of salary of her husband was stopped since 4.6.1999 and that such order of stoppage of payment of salary having been subject matter of CWJC No. 6981 of 2000 was allowed in the case of Dev Shankar Chaudhary and, as such, the petitioner would be also entitled for payment of salary of her husband. In the considered opinion of this Court, the petitioner can claim only such amount which was legally admissible and payable to her husband in lieu of work done by her 2 husband pursuant to any valid and legal appointment. As a matter of fact, when the husband of the petitioner was not allowed to work from June 1999, it would be difficult for this Court to allow the claim for payment of salary of her husband till the date he was found absent before reported to be missing with effect from 20.6.2005. In such a situation, this Court in absence of the counsel for the petitioner and also because there is no counter affidavit filed on behalf of the respondents, would only give liberty to the petitioner to approach the District Programme Officer, Madhubani who even otherwise is under obligation to allow admissible and payable amount of the husband of the petitioner as per Rules and also make its payment to the petitioner if she is the legally wedded wife of Devshankar Choudhary, who is said to be missing since 20.6.2005. As with regard to the claim of compassionate appointment, the District Programme Officer, Madhubani shall examine the claim of the petitioner strictly in accordance with later government circular, 3 whereby and whereunder, similar cases of missing persons have been sought to be dealt in the prescribed manner. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)