IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14131 of 2009 1. LAKSHMAN RAM S/O LATE BAKHERI RAM VILL- BUTHAH BAZAR, PANCHAYAT BHATSIMAR (WEST), P.S. RAJ NAGAR, DISTT. MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION MADHUBANI. 3. THE SUB-DIVISIONAL EDUCATION OFFICER JHANJHARPUR. 4. THE BLOCK DEVELOPMENT OFFICER RAJ NAGAR, P.S. RAJ NAGAR, DISTT. MADHUBANI 5. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, BHATSIMAR (WEST), P.S. RAJ NAGAR, MADHUBANI 6. THE BLOCK EDUCATION EXTENSION OFFICER JHANJHARPUR, P.S. JHANJHARPUR, DISTT. MADHUBANI ----------- 2 10.11.2009 The petitioner professes to be the Mukhiya of Gram Panchayat, Bhtsimar (west) Panchayat and complained that without authority the Block Development Officer has restrained him from operating the Bank Account of the Panchayat for making payments to the Panchayat Shikshaks. In my view, the exercise is being done because of general complain of Panchayat Shikshaks in not receiving timely payment. It can also be not disputed that the money belonging to Panchayat Shikshaks , Mukhiya would have the necessary authority in that regard. Balancing the interest is necessary in the said case. In my view, a set up has been made by the District Superintendent of Education, Madhubani, as evident from Annexure 4. I only clarify that no sooner money for payment of Panchayat Shikshaks is received in the Bank Account of the Panchayat, the Bank would be furnished a list of all Panchayat Shikshaks , who have to be paid the - 2 - said money. All Panchayat Shikshaks , who are to receive the money would be obliged to open Bank Accounts in the said Bank. The list , so submitted, would be authenticated by the Mukhiya . The Panchayat Secretary would be then utilized by the Bank to transfer the money as standing instruction to the accounts of the respective Panchayat Shikshaks immediately without delay . Copy of the detailed statements, name of Panchayat Shikshaks, their account numbers and emoluments to be paid would be then sent by the Mukhiya to the Block Development Officer concerned and the District Superintendent of Education immediately. This would avoid all allegations and counter allegations in the matter and would ensure immediate payment of remuneration to the concerned Panchayat Shikshaks .This has to be implemented immediately. Any deduction, which has to be made from remuneration payable to any Panchayat Shikshak would be clearly indicated in the statement. This order has to be implemented immediately and strictly for which Mukhiya and the Panchayat Secretary would be primarily responsible. The directions, as contained in Annexures 4 and 5 to this application stand modified accordingly. With the above observations and directions, this writ application stands disposed of. singh (Navaniti Prasad Singh,J)