IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.697 of 2008 SALANDHAR JHA Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Shardanand Mishra, Advocate For the respondents : Mr. Shankar Kumar, State Junior Counsel to Additional Advocate General –V For the respondents- : Mr. S.S.Mishra, Advocate Board ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------- Dated, the 17th September, 2008 After having heard counsel for the appellant, we are satisfied that merits of the grievance raised by the appellant ( petitioner) need not be examined by us and interest of the justice will be sub-served by the following order: (i) The appellant may make a representation to the District Education Officer, Saharsa, District-Saharsa, raising his grievance with regard to non-payment of salary from 08th July, 2003 to 31st March, 2004 until the filing of the writ petition and subsequent period, if any, within one month from today. (ii) The District Education Officer shall consider the said representation and dispose of the same by a speaking order after hearing the appellant as well as the - 2 - representative of Bihar Sanskrit Shiksha Board, Patna as early as possible and in no case later than three months from the date of receipt of the representation. (iii) If an issue concerning the dismissal of petitioner from service by an order of Headmaster of Shri Bhagirath Primary-cum- Secondary Sanskrit School Chainpur,District-Saharsa is raised, this aspect, too, shall be also considered by the District Education Officer, Saharsa. (iv) If the District Education Officer holds that the salary of the appellant for a particular period has not been paid and is payable to him, he shall ensure that due salary is paid to the appellant by the concerned authorities as early as possible, and in no case later than two months from the date of his order. 2. The order passed by the Single Judge stands modified accordingly. Letters Patent Appeal stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil