IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1601 of 2010 1. BANDE LAL MUKHIYA S/O BABUAIN MUKHIYA R/O VILL.- KANHUA GODHIYARI, P.S.- SINGHESHWAR (GAMAHARIYA) DISTT.- MADHEPURA, AT PRESENT POSTED AS PEON IN MIDDLE SCHOOL KANJUA GODHIYARI, SINGHESHWAR WEST, P.S.- SINGHESHWAR, DISTT.- MADHEPURA (OLD SAHARSA) Versus 1. THE STATE OF BIHAR 2. THE DEPUTY DIRECTOR, PRIMARY EDUCATION DEPARTMENT BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION KOSHI PRAMANDAL, SAHARSA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION MADHEPURA 5. THE AREA EDUCATION OFFICER MADHEPURA 6. THE TREASURY OFFICER MADHEPURA 7. THE HEAD MASTER MIDDLE SCHOOL GAMAHARIYA DRAWING DISBURSING OFFICER, GAMAHARIYA, DISTT.- MADHEPURA 8. THE HEAD MASTER KANHUA GODHIYARI MIDDLE SCHOOL SINGHESHWAR,(WEST), MADHEPURA ----------- 2 21.07.2010 The petitioner claims to have been appointed as Peon in a School which was subsequently taken over. The dispute relates to payment of his salary. With reference to Annexure-16 dated 12.05.2009 of the District Superintendent of Education addressed to Regional Deputy Director of Education, Koshi Pramandal, Saharsa, it is submitted that the District Superintendent of Education had sought instructions in the matter which instructions have not yet been received. A counter affidavit has been filed by respondent No 4, the District Superintendent of Education which is an apology. It is rejected outright. In the counter affidavit all that is said is that petitioner’s claim was examined earlier and rejected by order of the District Superintendent of Education dated 07.11.2007 which is Annexure-A to the counter affidavit. Nothing remains to be considered. Even though respondent No 4 is the District Superintendent of Education, he lacks basic education for he has not gone through the writ petition itself in which this very annexure is Anneure-15 2 and he has forgotten that Annexure-16 is written by him himself in the year, 2009 long after the order he passed as is contained in Annexure-15. I am surprised why such a counter affidavit was at all filed. Without saying any thing further. I direct the Regional Deputy Director of Education, Koshi Pramandal, Saharsa to re-examine the matter keeping in view the fact that petitioner was not appointed as a servant but as an Adeshpal (Peon) against which recruitment, there was no prohibition. The Regional Deputy Director of Education would consider the entire matter and pass a speaking order after hearing the petitioner at the earliest but not later than one month from the date of production of a copy of this order before him in accordance with law. With this observation, the writ petition stands disposed of. Pursuant to the order that Regional Deputy Director of Education may pass, if he finds petitioner to be entitled for any payment, he would ensure that the same is paid to the petitioner within one month of the order being passed. M.E.H./ (Navaniti Prasad Singh)