IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10394 of 2009 GIRIJA CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- CWJC No.10395 of 2009 MAHABIR PANDEY Versus THE STATE OF BIHAR & ORS ----------- 2 17.9.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioners were appointed as Assistant Teachers long time back. Petitioner in CWJC No. 10394 of 2009 was appointed by order dated 3.2.1972 and petitioner in CWJC No. 10395 of 2009 was appointed by order dated 30.4.1976. They were posted in two different Primary Schools in the district of Jamui. They continued to discharge their duties to the satisfaction of all concerned and used to get their salary regularly till the date a letter contained in memo no. 3374 dated 18.4.2004 was issued under the orders of the District Superintendent of Education-cum –Sub Divisional Officer, Jamui. By this letter the petitioners were directed to submit all documents relating to their appointment for holding an inquiry regarding genuineness of their qualifications and appointment on the basis of such educational certificates. It was also directed that till conclusion of the - 2 - inquiry payment of salary will remain stopped. In the name of holding an inquiry petitioners were restrained from receiving their salary. In the meantime, petitioner in CWJC No. 10394 of 2009 has retired on 31.5.2007 and the petitioner in CWJC No. 10395 of 2009 has retired from their service on 30.4.2009. It is surprising that how on the basis of an illegal order the petitioners remain deprived from receiving their salary. It seems that some complaints were received by the Commissioner-cum- Secretary, Human Resources Development Department, Govt. of Bihar, Patna and vide letter dated 11.3.2006 he informed all Districts Education Officer, District Superintendent of Education and the District Magistrate that in the name of inquiry payment of salary of any teacher or non-teaching staff should not be stopped. This letter is specific on this point that unless a departmental proceeding is initiated, the employees is put under suspension and the charges framed against him is proved, there is no reason for stopping payment of salary of the Government employees. This letter also indicates that in case of initiating a departmental proceeding and putting a Government employee under suspension the person is entitled for subsistence allowance. In no case salary can be stopped in the name of inquiry. Even after specific direction of the highest authority in the - 3 - Department of Human Resources Development, Govt. of Bihar, Patna, the same was completely ignored by the District Superintendent of Education, Jamui. It shows his illegal and arbitrary attitude and high handedness. Petitioner Girija Choudhary has retired in the year 2007 what to say of receiving his pension and pensionary benefits till date he has not received salary. It goes without saying that he is entitled for receiving his arrears of salary as well as pensionary benefits and month to month pension. Similarly Mahabir Pandey has also retired in the year 2009 he has also not been paid his salary. His entitlement is also similar to petitioner in CWJC No. 10394 of 2009. Both the applications are being allowed, directing the District Magistrate, Jamui and the District Superintendent of Education, Jamui to make payment of entire arrears of salary of the petitioners with all consequential benefits which includes increment and other benefits. Payment shall be made within a period of four weeks from the date of receipt/production of a copy of this order. Within eight weeks thereof, fixation of petitioners’ pension should be completed and within one month from the date of fixation of pension all pensionary benefits should be made available to the petitioners. Payment of provisional pension on month to month basis - 4 - should start within one month from the date of receipt/production of this order. Let a copy of this order be communicated to the Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna for its proper compliance. (Mridula Mishra,J.) A.kumar