IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7346 of 2003 1. DINESH SINGH son of late Deochand Singh, Incharge Headmaster, Govt. Middle School Deokund, P.S. Deokund, District Aurangabad 2. Brahmanand Sinha, son of late Parmeshwar Sinha 3. Ragho Ram, son of late Rupu Ram 4. Ramanand Yadav, son of late Hari Yadav 5. Yugeshwar Ram, son of Ram Charitar Ram 6. Sakaldeep Singh, son of Chanarik Singh 7. Shiv Kumar Sah, son of late Shiv Ratan Sah 8. Rajendra Yadav, sonof Keman Yadav 9. Rajendra Prasad Singh, son of late Mahesh Prasad Singh Resident of village Bandwa, P.S. Deokund, District Aurangabad 10. Manju Kumar, wife of Bhuneshwar Sharma 11. Gopal Singh, son of late Bhawan Singh 12. Ram Naresh Singh, son of Kanhai Singh Resident of village Jamuama, P.S. Haspura, District Aurangabad 13. Shiv Narain Singh Yadav, son of late Jagdeo Singh Yadav 14. Kuldeep Singh, son of late Bandhu Yadav All 2 to 8, 10, 11 and 13 are Assistant Teachers, Govt. Middle School Deokund, P.S. Deokund, District Aurangabad 15. Dayanand Paswan, son of Dilchand Paswan, resident of village Shankarpur, P.S. Haspura, District Aurangabad 16. Deo Narayan Choudhary, son of late Doma Choudhary, resident of village Haspura, District Aurangabad … Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education, Govt. of Bihar, Patna 3. The Collector, Aurangabad 4. The District Superintendent of Education, Aurangabad 5. The Treasury Officer, Aurangabad … Respondents ----------- 5. 27.8.2010 Counsel for the petitioners with regard to the following relief prayed in this writ application: “This writ application is being 2 filed for issuance of an appropriate writ/ writs preferably in the nature of mandamus directing the respondents to pay the salary of the petitioners from February, 1999 to 7th May, 1999 for the strike period as well as 4% dearness allowances on the basis of increased rate which are due from January, 2002 to January, 2003.” would submit that from Annexure „C‟ to the counter affidavit it transpires that the amount as claimed by the petitioners has already been sanctioned but then he has no instruction as to whether such amount has also been paid to the petitioners. Under such circumstances, when the respondents also are not aware of the present position with regard to payment, this Court would dispose of this writ application with a direction to the respondents to ensure that if payment of the amount as sanctioned by the District Superintendent of Education in his letter no. 1740 dated 5.9.2003 has not been made, the same must be made to the petitioners within a period of three months from the date of receipt/ production of a copy of 3 this order. It is made clear that by virtue of this direction the petitioners will not be entitled for double payment and if the petitioners have already received payment, the concerned D.S.E. shall only indicate in his order the date of such payment made to the petitioners. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/