IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1015 of 2008 Upendra Prasad, Son of Sri Ram Bihari Sah, Resident of Village Nujhara Police Station Goh, District Aurangabad, Panchayat Vermakhurd, Government Primary School, Paharpura, Goh, Aurangabad…………………Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Human Resources Development Department(Education), Government of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna 4. The Director, Panchayati Raj Bihar, Patna 5. The District Education Officer, Aurangabad 6. The District Superintendent of Education, Aurangabad 7. The Block Development Officer, Goh, Aurangabad 8. The Block Education Extension Officer, Goh, Aurangabad 9. The Gram Panchayat Vermakhurd, P.S. Goh, District Aurangabad through its Panchayat Secretary 10. The Mukhiya, Gram Panchayat Vermakhurd, Goh, Aurangabad 11. The Panchayat Sewak, Gram Panchayat Vermakhurd, Aurangabad 12. The Headmaster, Government Primary School, Paharpura, P.S. Goh, District Aurangabad……………………………………………..……………Respondents ----------- 2 06.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to pay his arrears of salary from 01.04.2007 onwards as well as current salary of the post of Panchayat Teacher on which he claims to be working till now after conversion from Shiksha Mitra to Panchayat Teacher in terms of the 2 Rules. Although it is not pleaded in the writ application, learned senior counsel for the petitioner submits that petitioner’s salary has been withheld only on the ground that in Intermediate he had less than 45% marks which was laid down as a condition precedent for continuance in service of a Panchayat Teacher. He submits that the said fact is not denied by the respondents that subsequently, requirement of 45% marks in Intermediate was relaxed by the Government and persons even having lesser marks have been allowed to continue on the post and entitled for their salary. Since no pleading for withholding salary of the petitioner has been made in the writ application, it is difficult for this Court to pass any positive direction for release of salary of the petitioner. Therefore, this writ application is disposed of with a direction to respondent no.6, District Superintendent of Education, Aurangabad to examine service condition of the petitioner and assign reasons with regard to withholding of salary of the petitioner and if he finds that salary of the petitioner was withheld only due 3 to the petitioner having lesser marks than 45% in Intermediate, he is required to pass appropriate orders for payment of salary of the petitioner from the date it has been withheld. If he finds any other reason for withholding salary of the petitioner, he shall communicate the same to the petitioner in writing. Orders, either way, should be issued by him preferably within a period of two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)