IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5635 of 2003 RAMJEE ROY, S/O LATE DWARIKA ROY, R/O VILLAGE-DAHAR, P.S.-AHIYAPUR, DISTRICT- MUZAFFARPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE DISTRICT EDUCATION OFFICER, MUZAFFARPUR. 4. PREM SHILA KUMARI,D/O NOT KNOWN TO THE PETITIONER, HEADMISTRESS, NATHUNI BHAGAT SCHOOL, MUZAFFARPUR. ………RESPONDENTS. ----------- 8 02.12.2009 In the order dated 19.8.2009, this Court had noticed that, inspite of repeated orders of the District Education Officer, and the order of the Regional Deputy Director of Education, respondent Headmistress had not paid full salary of the suspension period of the petitioner. Again, inspite of the orders of the District Education Officer, salary of the previous period was also not paid to him. Therefore, this Court allowed her to be added as party respondent no. 4 in the case and show cause notice was ordered to be issued to her to show cause as to why she should not be directed to pay interest on the due amount of the petitioner which was not paid to him by her inspite of the orders of the superior authorities. In response to the said notice show cause and the supplementary show cause has been 2 filed by the respondent Headmistress. The show cause is not satisfactory. She has tried to explain that she made further query from the higher authorities and sought for some further guidelines in the matter. But the letter relied upon by her shows that it was issued by her in ignorance of the orders of the higher authorities. However, on the last date, on 16.11.2009, she personally appeared and produced demand drafts of the due amount of the petitioner which was received by the petitioner himself in the Court. Learned counsel for the petitioner submits that dues of the petitioner have been paid now. Considering that full payment has been made to the petitioner and considering that the respondent is a lady, this Court refrains from directing her to pay interest for the delayed payment to the petitioner of his admitted dues. However, as because of her laches, the writ application remained pending in this Court and notice had to be issued to her in response to which she appeared personally on 16.11.2009 and also showed cause, this Court directs that she will bear the cost of traveling to Patna in 3 connection with this case and the filing of the show cause and supplementary show cause from her own pocket and the same shall not be debited from the account of the school. Besides, she is directed to pay the amount of Bank charges in preparation of the two demand drafts received by the petitioner, which have been deducted from petitioner’s amount, from her own pocket and pay the same to the petitioner. Petitioner shall meet the respondent Headmistress for the purpose along with a copy of this order, upon which she shall pay the same to the petitioner in cash hand to hand and shall obtain a receipt. However, the observations made by this Court in this order shall not prejudice the service conditions of the respondent Headmistress. With the above observations and directions, this writ application is disposed of. Let a copy of this order be sent to the respondent District Education Officer, Muzaffarpur for information and needful. Arvind/ (J. N. Singh, J.)