IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9058 OF 2004 SUDARSHAN PATHAK, SON OF LATE BIRBAL PATHAK, RESIDENT OF VILLAGE AND POST OFFICE NAYABAJAR, WARD NO. 5, DISTRICT BUXAR.PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION OF PATNA DIVISION, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR 5. THE HEAD MASTER, MIDDLE SCHOOL, KIRATPUR, BUXAR ……………………………………………………………………………RESPONDENTS ********* 3 02/12/2010 The petitioner has filed this writ application claiming that he should be granted his pay from August, 2002 to 19th December, 2002. The facts are that the petitioner was posted on 08.02.2002 at Primary School, Pratappur, Simari. He joined the said school on 11.02.2002. In March, 2002, the petitioner proceeded on leave on medical grounds and joined on 01.08.2002. The contention of the petitioner is that his period of leave between March, 2002 to 01.08.2002 was accepted by the District Superintendent of Education, Buxar and the petitioner was paid his salary for the period of absence on medical grounds. The petitioner claims that he joined the Office of the District Superintendent of Education, Buxar in August, 2002 and was waiting for posting till 14.12.2002, when he was 2 posted to Middle School, Kritpur, Buxar. Counsel for the State submits that the petitioner ought to have joined the school from where he had proceeded on leave on medical grounds and there is no justification for the petitioner to join in the Office of the District Superintendent of Education, Buxar. The petitioner retired on 30.04.2005. The question whether the petitioner had returned or wrongly joined in the Office of the District Superintendent of Education, Buxar or whether he joined at all in the Office of the District Superintendent of Education, Buxar has to be considered by the Director, Primary Education, Government of Bihar, Patna after calling for a report from the Office of the District Superintendent of Education, Buxar for the period mentioned aforesaid. I, accordingly direct the petitioner to file a representation before the Director, Primary Education, Government of Bihar, Patna within a period of eight weeks from the date of receipt of a copy of this order. The Director, Primary Education will call for a report from the Office of the District Superintendent of Education, Buxar forthwith and consider the case of the petitioner thereafter within a period of four months from receipt of the report. The District Superintendent of Education, 3 Buxar is also directed to send the records as requisitioned by the Director, Primary Education within a period of two months on receipt of a letter from the Director, Primary Education. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )