IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10810 of 2009 KAMAL KISHORE PASWAN, Son of Sri Ramashray Paswan, resident of village – Sarasat, P.S. Naubatpur, District – Patna. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Sachivalaya, Patna. 4. The Deputy Director, Primary Education, Sachivalaya, Patna. 5. The District Education Officer, Budhmarg, Patna. 6. The District Superintendent of Education, Budhmarg, Patna. 7. The Block Extension Education Officer, Naubatpur, Patna. 8. The Panchayat Secretary, Gram Panchayat Adla, Naubatpur, Patna. 9. The Mukhiya, Gram Panchayat Adla, Naubatpur, District – Patna. 10. The Headmaster, Prathamic Vidyalaya, Bhagwanpur, Adla, Naubatpur, Patna. …… Respondents. ----------- 02/ 12.10.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for a direction to the Block Education Extension Officer, Naubatpur, Patna to pay his arrears of salary for the period of October, 2007 till date and for payment of current salary. Petitioner was initially appointed as Panchayat Siksha Mitra on 28.2.2003. The second extension was given to the petitioner by order dated 14.14.7.2004 on expiry of first period of engagement of 11 months. Subsequently, when the petitioner was still working on the post of Panchayat Siksha Mitra after completing 33 months of engagement as Panchayat Siksha Mitra he was finally absorbed on the Post of Panchayat teacher as - 2 - provided under Rule 27(3) of Bihar Panchayat Primary Teachers Service and Conditions Rules. Petitioner was paid his salary till September, 2007, but payment of salary was stopped with effect from October, 2007. The reason for non- payment of petitioner’s salary was that in the extension of petitioner’s engagement as Panchayat Siksha Mitra a final approval for extension could not be made by the Mukhiya on account of the Panchayat elections since model code of conduct came into existence. Annexure-3 the order contained in letter no. 79 dated 23.8.2006 issued by the Block Education Extension Officer, Naubatpur has been brought on record by the petitioner in order to show that though a formal order for extension was not issued by the Mukhiya on account of coming into existence of model code of conduct, in case of such Panchayat Siksha Mitras letter was issued by the Director, Primary Education contained in Memo No. 79 dated 23.8.2006. By this letter a specific provision was made for such Panchayat Siksha Mitras and it was directed that their period of extension as Panchayat Siksha Mitra will be deemed as properly extended. Considering this only the petitioner was absorbed on the - 3 - post of Panchat Teacher as such there is no reason for not making of salary to the petitioner on this ground. Respondent no. 7, Block Education Extension Officer, Naubatpur, Patna is directed to make payment of the entire dues of arrears of salary to the petitioner starting from October, 2007 till date and also continue to make payment of current salary month to month within four weeks from the date of presentation/communication of a copy of this order. This writ application is, accordingly, allowed. DKS/ (Mridula Mishra, J.)