IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1842 of 2004 ANANDI SINGH son of Late Baldeo Singh resident of village- Sahoor, P. S. Suraj Garha District Lakhisarai. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Secondary Education, Bihar,Vikas Bhawan Bihar, Patna. 2. Director, Secondary Education, Bihar, Budh Marg, Patna. 3. Regional Deputy Director of Education, Munger. 4. District Education Officer, Lakhisarai. 5. Headmaster, P. K. N. S. High School Sahoor, P. O. in the District of Lakhisarai. 6. Treasury Officer, Lakhisarai. …. Respondent. ----------- 4. 16.11.2010 Having heard Dr. M. P. Shukla, learned counsel for the petitioner and learned A. C. to G. P. 9 as with regard to the solitary prayer for payment of salary for the period 13.1.1988 to 19.2.1990, this Court would find it difficult to decide such disputed question of fact inasmuch as it is the specific case of respondents in their counter affidavit that the petitioner after his being transferred on 24.12.1987 and on being relieved from his earlier school on 13.1.1988 did not work for a single day in the transferred school in the interregnum period 13.1.1988 to 19.2.1990. Dr. Shukla has however invited attention of 2 this Court towards a letter of the Headmaster of the School dated 4.6.1988 which in the opinion of this Court does not in any manner improve the case of the petitioner inasmuch as by the same the Headmaster had only sought certain modification in the order of transfer of the petitioner by mentioning that the petitioner was working in the school on the post of History teacher. First of all, this document as contained in Annexure-3 cannot be a proof of the petitioner’s joining on 13.1.1988 or refusal of such joining report by the Headmaster in the transferred school and therefore this letter of a period after five months of his transfer and relieving has been apparently obtained by him contrary to the directions contained in his transfer order. The transfer order of the petitioner was only by way of his transfer on the post of Assistant Teacher from one school to another school and this Court fails to understand as to on what basis said headmaster had made out the transfer of the petitioner on the post of History teacher. Be that as it may, since there is a serious dispute as with regard to actual working of the petitioner inasmuch as even the Headmaster who was working on 3 23.10.2002 in his report to the District Education Officer had clearly mentioned that there was no record to show that the petitioner had ever submitted its joining report in the transferred school, Uchch Vidyalay Paisa, Khagaria or to have functioned in the period 13.1.1988 to 19.2.1990. The issue of the payment of salary of the petitioner for the period 13.1.1988 to 19.2.1990 can only be decided by a competent Civil Court wherein both the two parties will have opportunity to lead evidence with regard to either joining and functioning of the petitioner or his being denied to function inasmuch as such jinxed questions of fact cannot be decided in writ jurisdiction. That being so, this writ application is dismissed with a liberty to the petitioner that he may approach Competent Civil Court for adjudication of his claim for payment of salary for the period 13.1.1998 to 19.2.2000. kanchan/ ( Mihir Kumar Jha, J.)