IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8749 of 2003 RAMASIS MISHRA, Son of Asharfi Mishra, Resident of village + P.O.+ Anchal Chorout, District Sitamarhi. Versus 1. THE STATE OF BIHAR through the Secretary, Primary Education, Bihr, Patna. 2. The District Superintendent of Education, Sitamarhi. 3. The Regional Education Officer, Pupri, Sitamarhi. 4. The Head Master, Govt. Primary School, Purandih Choraut, Pupuri, Distt. Sitamarhi. 5. The Head Master, Govt. Primary School, Semua, Sursand, Distt. Sitamarhi. 6. The Headmaster Cum Drawing & Disbursing Officer, Govt. Middle School, Koriahi, Sursand Distt. Sitamahi. ----------- 3 3.9.2010 Heard counsel for the parties. Prayer of the petitioner in this writ application is confined only for payment of salary for the period 22.5.2000 to 28.2.2002 during which the petitioner claims to have performed his duty as an Assistant Teacher on deputation in Primary School, Purandih. From the pleadings on record and the counter affidavit filed by the respondents with a copy thereof served on the counsel for the petitioner on 21.3.2007 it is more than clear that there is dispute as with regard to working of the petitioner in the aforementioned period. In this regard the respondents in their counter affidavit had stated as follows:- “In this regard it is humbly submitted that the petitioner is an assistant teacher in Primary School Semua (Sursand) in Sitamarhi District. It is also stated that the petitioner any how got deputed in Primary School Purandih (Chaurat) by Range Education Officer Pupri vide memo no.1882-86, dated 8.12.98 which is annexed as Annexure-1 of the writ application. That it is humbly submitted that the deputation of the petitioner in Primary School Purandih (Charaut) had been cancelled by Range 2 Education Officer, Pupri vide letter no.424 dated 4.5.2000. But another office order bearing memo no.482-85, dated 22.5.2000 of Range Education officer Pupri set aside his letter bearing no. 424, dated 4.5.2000. That it is pertinent to mention here that again the deputation order in Primary School Purandih (Charaut) had been cancelled by Regional Education Officer, Pupri vide memo no.505-07 dated 24.5.2000 due to census work and the petitioner was ordered to join in his place of posting school i.e. in Primary School Semhua (Sursand). That, it is submitted that the petitioner disobeying the order of Range Education Officer Pupri, the petitioner did not join in his posting school i.e. Primary School Semhua (Sursand). That, it is pertinent to state here that the petitioner joined on 1.3.2002 in Original place i.e. in Primary School Semhua (Sursand). Accordingly payment of salary from 1.3.2002 till date has been made to the petitioner. Since during the period from 25.4.2000 to 28.2.2002 the petitioner never claimed for the payment as he was not present in the original place of posting hence the question does not arise to make payment for aforesaid period.” In fact, the respondents on the basis of enquiry untaken by the District Superintendent of Education himself had found the petitioner to be not being present during the period 25.5.2000 to 28.2.2002 in the Primary School, Purandih and to that extent correctness of the attendance register has also been doubted and the same has also claimed to be manipulated with the help of some officials. The aforementioned explanation given in the counter affidavit has not even been controverted and thus will be deemed to have been admitted by the petitioner. That being so, at least on the material on records this Court would find no reason to issue direction for payment of salary to the petitioner when his working in the period in question 3 is itself doubted. Payment of salary to a Government servant is not gratice and has to be made only if the employee has discharged his duty. That being so, this application being devoid of any merit is hereby dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)