IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.307 of 2006 NUNU RAM DAS, son of late Katora Das, resident of village – Bara Nokhil, Police Station Jasidih, District – Deoghar. Versus 1. THE STATE OF BIHAR through the Secretary, Personnel and Administrative Reforms Department, Main Secretariat, Patna. 2. The Secretary cum Commissioner, Secondary, Primary and Adult Education Department, New Secretariat, Vikas Bhawan, Patna. 3. The Director, Secondary Education, Secondary, Primary and Adult Education Department, New Secretariat, Vikas Bhawan, Patna. 4. The Accountant General, Bihar, Birchand Patel Path, Patna. ----------- 02. 27.9.2010 Since no counter affidavit has been filed on behalf of the State, the matter will have to be relegated to the State to take a decision within a time frame. Petitioner was the former Secretary of what was known as Vidyalaya Seva Board and had worked under the Board on deputation. He was not paid his salary for the period 23.12.94 to 28.7.97. The reason for non-payment seems to be lack of allocation of fund. Request was made to the Director, Secondary Education, Government of Bihar for release of fund way back on 28.9.2002 which would be evident from annexure- 1. Thereafter, it seems the Board was abolished and the affairs of the board were taken over by the State Government and the responsibility of the affairs of the erstwhile board vested in the Education Department. Since non-allocation of fund was the only reason why this payment could not be made to the petitioner, this writ 2 application is disposed of with a direction upon the Director, Secondary Education, Government of Bihar to take cognizance of the communication contained in annexure-1 which is letter No.431 dated 28.9.2002 and take remedial measures for payment of the salary of the petitioner, if it has not been made so far. A decision must be taken within a period of four months from the date of communication/production of a copy of this order rkp ( Ajay Kumar Tripathi, J.)