IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2631 OF 2007 RAM BHAJAN SHARMA,S/O LATE JAGDEO SHARMA, R/O VILLAGE KATGHARA, P.O. MANJHWAY, PS. SITAMARHI, DISTRICT NAWADA. AT PRESENT RETIRED ASSISTANT TEACHER OF S.D.B.K. SAHU HIGH SCHOOL AT PO/PS/WARSALIGANJ IN THE DISTRICT OF NAWADA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 2.DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3.REGIONAL DEPUTY DIRECTOR OF EDUCATION, MAGADH DIVISION, GAYA. 4.DISTRICT EDUCATION OFFICER, NAWADAH. 5.TREASURY OFFICER, NAWADAH. 6.ACCOUNTANT GENERAL BIHAR, BIRCHAND PATEL PATH, PATNA. 7.HEADMASTER B.K. SAHU HIGH SCHOOL AT PO/PS-WARSALIGANJ MAGADH DIVISION, NAWADA. ………………………RESPONDENTS. ----------- 02/ 05.08.2011 Having heard Mr. M.P Shukla, learned counsel for the petitioner and learned counsel for the State as with regard to the following prayer made in this writ application:- “That this is an application for directing the respondents to pay the balance arrears of salary and other consequential benefit to the petitioner who retired on 31.08.2000 as assistant teacher and his admissible salary etc due for the period of 01.02.1999 to 05.02.1999 and from 06.02.1999 to 07.05.1999 amounting to Rs. 34378/- as per statement-2, the difference of salary for the period March 2001 to August 2002 amounting to Rs. 21.177/- as per statement-2 and the difference 2 of the payment of house rent which has been paid at the rate of five percent though seven percent and half percent is admissible rate this is amounting to rupess 133.00 as per statement A.” and taking into account that this is the third round of litigation brought by the petitioner, a retired teacher, for claiming his legitimate dues, this Court would find it necessary to direct the Director of Secondary Education to look into the grievance of the petitioner and make payment of such amount which though admitted, has not been paid as yet. It is however made clear that if the respondent Director would find any amount as claimed in Annexure-9 to the writ application to be not payable to the petitioner, he would reject such claim by passing a reasoned and speaking order. From the pleadings on record specially the connected enclosures appended to the counter affidavit, it transpires that some of the claim of the petitioner could not be finalized due to want of his service-book. Counsel for the petitioner has 3 submitted that such service-book is in custody of the department. Counsel for the petitioner would further submit that he has a photocopy of the service-book and also some other records to establish his claim and can produce them before the Director Secondary Education and/or Regional Deputy Director of Education, Gaya. In that view of the matter, this Court would direct the petitioner to produce the photocopy of his service-book before the Regional Deputy Director of Education, Magadh Division, Gaya who thereafter would examine the claim of the petitioner and send his recommendation to the Director of Secondary Education for taking a final decision. In order to expedite the matter, this Court would direct the petitioner to also file his self contained representation along with enclosures and a copy of Annexure-9 to the writ application both to the Regional Deputy Director of Education, Magadh Division, Gaya as also to Director Secondary Education and it is expected that 4 a final decision as with regard to the payment of admitted dues of the petitioner will be taken within a period of six months from the date of receipt/production of a copy of this order. It goes without saying that if the petitioner is found entitled for payment of any further amount that would also be tendered to him in the next three months from the date of the order of Director Secondary Education. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)