IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17722 of 2009 1. RANDHIR KUMAR S/O SRI SHYAM NANDAN SINGH R/O VILL AND P.O- MUJA MALIKANA, P.S- SARAIYA, DISTT- MUZAFFARPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN UPGRADED MIDDLE SCHOOL, MAUZA PATRAHIYA, BLOCK-SARAIYA, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY, EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTT- MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DISTT- MUZAFFARPUR 6. THE BLOCK DEVELOPMENT OFFIER, SARAIYA, DISTT- MUZAFFARPUR 7. THE BLOCK EDUCATION EXTENSION OFFICER, SARAIYA, DISTT- MUZAFFARPUR 8. THE MUKHIYA, GRAM PANCHAYAT RAJ, RAMPUR BISHWANATH, BLOCK- SARAIYA DISTT- MUZAFFARPUR 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, RAMPUR BISHWANATH, BLCOK- SARAIYA, DISTT- MUZAFFARPUR 10. THE HEADMASTER, UPGRADED MIDDLE SCHOOL, MUZA PATRAHIYA, BLOCK-SARAIYA, DISTT- MUZAFFARPUR ----------- 2 13.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent authority to make payment of arrears of salary with effect from 12.1.2006 till date as well as current salary. Petitioner was duly appointed on the post of Panchayat Shiksha Mitra on 12.1.2006. He joined on 17.1.2006 and after coming into force of Bihar Primary Panchayat Teachers (Appointment of Service Condition) 2 Rules, 2006, he was absorbed as Panchayat Teacher. Petitioner’s grievance is that despite several requests made by the Panchayat Secretary and Mukhiya of the concerned Gram Panchayat, considering the absentee report of the petitioner and recommendation made by the Headmaster of the concerned school, petitioner is not being paid his arrears of salary and current salary. Petitioner’s case is that considering his continuous discharge of duty, the Headmaster of the School, the Panchayat Secretary and the Mukhiya of the Gram Panchayat as well as the Block Education Extension Officer, Saraiya, Muzaffarpur have recommended for release of fund to make payment of arrears of salary to the petitioner but District Superintendent of Education, Muzaffarpur is not releasing the fund for making payment of salary to the petitioner. This application is being disposed of directing the District Superintendent of Education, Muzaffarpur to release requisite fund in favour of concerned Mukhiya/Panchayat Secretary of the Gram Panchayat 3 Raj, Rampur Bishwanath, Saraiya at Muzaffarpur, so that arrears of salary since the date of petitioner’s initial appointment with effect from 12.1.2006 and onwards be paid to him. The District Superintendent of Education, Muzaffarpur will release fund in favour of respondent Nos. 8 and 9 within one week from the date of production/communication of the order by the petitioner. The respondent Nos. 8,9 and 10 are also directed to make payment of entire dues of salary to the petitioner if the fund is received by them. In no case, the respondent will delay the matter. All transactions must be completed within four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.kumar