IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17081 of 2008 NAJMA KHATOON W/o Mahboob Alam, D/o Mubarak Ansari, resident of Village Turhapali Tola P.S.Sirsian, Dist.West Champaran. Versus 1.THE STATE OF BIHAR 2.The District Magistrate,West Champaran. 3.The District Superintendent of Education, West Champaran, Bettiah. 4.The Block Education Extension Officer,Chanpatia Block,Dist.West Champaran. 5.The Mukhiya, Gram Panchayat Raj Purbi Turhapati P.S.Sirsian, Dist West Champaran at Bettiah. 6.The Secretary, Gram Panchayat Raj Purbi Turhapati. 7.The Head Master, Govt. Primary School, uttar Tola Turhapati P.S.Sirsian West Champaran at Bettiah. 8.The Secretary, Primary and Adult Education Department Government of Bihar, Patna. ----------- 2 1.9.2009. The petitioner is working as Panchayat Teacher in Government Primary School, Turhapati Lala Tola, West Champaran at Bettiah. This application has been filed for a direction to the respondents to pay arrears of salary as well as current salary which is not being paid despite the fact that she is continuously working on the post. Petitioner was appointed as Siksha Mitra on 15.9.2005 in Govt. Primary School, Turhapatti. Petitioner was paid her salary for some time but thereafter payment of salary was stopped. She represented her case before the Block Education Extension Officer by filing an application dated 26.10.2007. The Block Education Extension Officer, Chanpatia, West Champaran issued letter no.136 dated 27.4.2006 directing the Mukhiya and Panchayat Secretary to make payment of salary of the petitioner since she is working. The Mukhiya in response to this sent a letter no.08 dated 20.3.2008 to Block Education Extension Officer stating that since the petitioner has not submitted her Intermediate Certificate as such her salary has not been paid. Petitioners case is that she has already submitted her Intermediate certificate despite this fact she is not being paid her salary though she is discharging her duty of teacher regularly. In fact, the payment of salary should not have been stopped for any reason, unless the petitioner would have been put under suspension or awarded any punishment regarding non payment of salary or finally terminated. Since there was no such condition, stopping payment of salary is illegal and without jurisdiction. Considering these facts, this application is being disposed of directing the Muhia and Panchayat Secretary of Gram Panchayat Raj, Turhapatti, West Champaran Bettiah and the Block Education Extension Officer, West Champaran Bettiah to make payment of arrears of salary as well as current salary to the petitioner within four weeks from the date of receipt/production of a copy of this order. Sss/- (Mridula Mishra, J)