Patna High Court CWJC No.12858 of 2009 (5) dt.06-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12858 of 2009 ====================================================== Lalita Kumari .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Prasad Mr. Mrityunjay Kumar For the Respondent/s : Mr. (Sc7) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 06-09-2011 Heard counsel for the petitioner and the counsel appearing for the State. The simple grievance of the petitioner is with regard to non-payment of salary since 1.11.2004. Petitioner was appointed as Assistant Teacher in the year 1988. In the year 2004 the District Superintendent of Education, Jamui issued a show cause notice to the petitioner as to why she should not be dismissed from her service, for being appointed on the basis of forged teachers training certificate. Petitioner submitted her show cause. Till date no departmental inquiry has been initiated. Petitioner has not been given any opportunity to defend her claim about the fake teachers training certificate. Behind the back of the petitioner, what steps have been taken Patna High Court CWJC No.12858 of 2009 (5) dt.06-09-2011 by the respondent that is unknown to her? Petitioner’s case is that she is being tortured by the respondent authority by not making payment of salary and withholding payment of salary, of a regularly appointed employee, in an illegal manner. In the counter affidavit filed on behalf of the State, there is statement that the petitioner’s payment of salary has been stopped by the District Superintendent of Education, Jamui vide letter no. 3361 dated 18.12.2004 till the completion of the inquiry report. What type of inquiry is being conducted, has not been disclosed in the counter affidavit. Certainly no departmental proceeding has been initiated. Till date no punishment has been awarded to the petitioner. There is no legal and just reason for not making payment of salary to the petitioner. The order passed by the District Superintendent of Education, Jamui contained in letter no. 3361 dated 18.12.2004, whereby payment of salary to the petitioner has been stopped, is quashed. The respondent District Superintendent of Education, Jamui ( Now District Programme Officer) is directed to make payment of arrears of salary to the petitioner with effect from November 2004 till date and contine to make payment of month to month current salary to the Patna High Court CWJC No.12858 of 2009 (5) dt.06-09-2011 petitioner without any break. Payment must be made to the petitioner within eights weeks from the date of production/communication of this order. The writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)