IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9270 of 2000 ABDUL QAIYUM Son of Late Asghar Hussain resident of village and P.O. Dakra P.S. Makhdumpur Dist. Jehanabad Versus THE STATE OF BIHAR & ORS For the petitioner:Mr Md Najmul Hoda no.2 For the State: Mr Sunil Kumar Mandal SC 15 Mr Bipin Jumar JC to SC 15 4 20.10.2008 Heard learned counsel for the petitioner and the State. The petitioner completed age of superannuation on 31.1.1991 on account of completing age of 58 years as per then prevailing rules but he was allowed to continue in service in view of the policy decision under which the age of superannuation was to be raised to 60 years. As a result the petitioner worked till the age of 60 years and his dues of salary remained unpaid in spite of policy decision of the State Government that such dues should be paid. The writ petition has remained pending for the last eight years. The petitioner is retired headmaster of the school which was later on given status of minority institute. The counter affidavit, filed on behalf of respondent no.5, District Education Officer, Gaya, discloses that the issuance of a departmental letter no. 422 dated 12.9.1995 for payment of salary to the retired persons like the petitioner and allotment realized for payment to all 137 teachers whose services were extended from 58 to 60 years has been admitted. In paragraphs 10 and 11, it has been disclosed that the present headmaster of the concerned school was called with relevant record and on verification the District Education Officer was satisfied with respect to the claim of the petitioner and he is taking steps to make - 2 - payment in the light of the departmental order issued from time to time. Thus, it is evident that claim of the petitioner has been admitted. Otherwise also the claim is well supported by the averments in the writ petition with reference to the government orders. In the facts and circumstances the writ petition is allowed with direction to the respondent - District Education Officer, Gaya to pay lawful dues of the petitioner, who is now retired from service, within a period of eight weeks from today. If dues are not paid within the aforesaid period of eight weeks, they shall carry interest at the rate of 10% per annum. Since the counter affidavit has been filed, personal appearance of the respondent- District Education Officer, Gaya is dispensed with. shahid (Shiva Kirti Singh,J)