IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6533 of 2004 CHANDRAMAULI PRASAD, SON OF SRI SATYADEO PRASAD AMBASTA, RESIDENT OF BIPUL MANGAL BISHRAM AT MOHALLA BALKRISHNA GANJ GHERA GULZARBAGH, P.S.-ALAMGANJ, DISTRICT-PATNA, POSTED AS ASSISTANT TEACHER IN PRIMARY SCHOOL, MAHUAR, P.O.- EQBALGANJ NISARPURA, P.S.-BIHTA, DISTRICT-PATNA. …………………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. DIVISIONAL COMMISSIONER, PATNA DIVISION CUM APPELLATE AUTHORITY, DISTRICT-PATNA. 4. DISTRICT MAGISTRATE, PATNA, DISTRICT-PATNA. 5. DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA, THROUGH ITS CHAIRMAN CUM DISTRICT MAGISTRATE, PATNA. 6. DISTRICT SUPERINTENDENT OF EDUCATION, PATNA COLLECTORIATE COMPOUND, P.S.-GANDHI MAIDAN, DISTRICT-PATNA. 7. ENQUIRY OFFICER CUM AREA EDUCATION OFFICER, BARH, PATNA. ………………………… RESPONDENTS ----------- 03/ 15.11.2010 Having heard counsel for the petitioner and counsel for the State as also taking into account the crucial question for allowing the claim of the petitioner for payment of his salary for the period from 30.11.1996 to 27.05.1999, despite being rejected has once again been agitated by him in a detailed representation filed by him on 19.09.2003, wherein a different stand has been taken by him that he could not work in the aforementioned period on account of non service of the 2 order of revocation of suspension and his consequential posting in Primary School Mahuar, Bihta Patna, this Court would direct the District Superintendent of Education to reconsider this issue once again in accordance with law without being prejudiced by his earlier order of rejection of claim of the petitioner. It is made clear that while this court has not gone into the merits of such claim of the petitioner but then it has to be observed that if the order of revocation of suspension of the petitioner and the resultant order of posting was not served on the petitioner till he had moved this Court in the first round of litigation, he can not be deprived of payment of salary. In this context it appears from an order of this Court dated 15.03.1999 passed in M.J. C No. 3103 of 1997 that the order of revocation of suspension of the petitioner was sent to him by registered post. The District Superintendent of Education, Patna therefore must find out from the relevant records the availability of such communication made to the petitioner by registered post and in case the said registered cover was not returned to his office the same will be deemed to have been served upon the petitioner leaving the petitioner to bear consequences for not joining or working on the post upon his revocation of suspension. In other words, the petitioner in such event will not be entitled for 3 payment of salary. On the other hand, if it is found that the order of revocation of suspension of the petitioner and his consequential order of posting could not be served upon him, the authority will have to make payment of salary to the petitioner inasmuch as the petitioner’s order of punishment stand affirmed by this Court which was only in relation to a misconduct prior to the period of suspension and the departmental proceeding. It is infact actually for interregnum period of the departmental proceeding wherein, the petitioner claims his salary for the period dated 30.11.1996 to 27.05.1999, and about which the respondents have always maintained that the petitioner would not be entitled for such salary on account of not discharging his duty upon revocation of the order of suspension. That being so, the issue is remitted back to the District Superintendent of Education, Patna with a direction to take an appropriate decision and pass a reasoned order on the representation of the petitioner dated 19.9.2003 (Annexure-3) within a period of six months of receipt/production of a copy of this order. With the aforesaid observation and direction this writ application is disposed of. Ranjan (Mihir Kumar Jha, J.)