IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10282 of 2009 SHASHIKANT SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2 15.9.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner’s grievance is that since June, 2007 his salary is not being paid by the Headmaster of Prathmik Vidyalaya, Ariyan and despite a repeated representation filed before the District Supeprintendent of Education as well as District Education Extension Officer, Nawada, his salary is not being paid. Petitioner’s case is that he was posted in Prathmik Vidyalaya ,Ariyan under Hisua Ancal on the post of Assistant Teacher on compassionate ground. Petitioner had proceeded on casual leave for two days i.e. from 12.12.2006 to 14.12.2006. In the meantime, when he returned back he found that the building of the school has been demolished in his absence. Immediately he reported the matter to the Block Education Officer, Hisua. Police case was instituted in this regard in which petitioner’s name was included as accused vide Nawada P.S. case No. 08 of 2007 but subsequently charge-sheet no.32 of 2008 dated 29.2.2008 was submitted in which petitioner was not sent up for trial and charge-sheet was not submitted - 2 - against him. Petitioner thereafter was authorized to construct the building of the school and for that he received a cheque amounting to Rs. 4,05,000/-. Petitioner deposited this amount in School’s bank account no. 38 maintained in the Co-operative Bank, Hisua. Some of the villagers who were interested in misappropriating this amount, started threatening the petitioner. They even stopped the petitioner from attending the school, as such he gave his joining in the office of Block Education Officer, Hisua. Due to all these disturbances and demolition of school building, petitioner had to run classes at different places. Thopugh petitioner continued to discharge his duty, payment of his salary since 2007 has been stopped by the Headmaster of the concerned School. Considering the fact that the representation of the petitioner is pending before District Superintendent of Education as well as the Block Education Extension Officer, Hisua at Nawada, this application is being disposed of directing these two respondents to look into the matter. In case the statement made by the petitioner in the writ application is correct, payment of his salary, arrears as well as current salary should be made. The respondent authorities will also consider regarding transfer of the petitioner to any other school, considering - 3 - the fact that he is apprehensive of his life in attending the present School, i.e. Prathmik Vidyalaya, Ariyan (Hisua). Petitioner has represented for his transfer before the competent authority. An appropriate order should be passed on his representation within a period of four weeks from the date of the filing of the representation. Payment must be paid to the petitioner within a period for four weeks from today from the date of a receipt/ production of a copy of this order. With the aforementioned observations/direction, the writ application stands disposed of. (Mridula Mishra,J.) A.Kumar