IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16855 of 2009 1. MD. EHTESHAM KHAN S/O MD. NAYEEM KHAN R/O MOHALLA- ALIGANJ, NEAR SHATABDI SCHOOL, P.S.- CHANDUTI, POST- GAYA, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA 3. THE BLOCK DEVELOPMENT OFFICER, BLOCK IMAMGANJ, DISTT.- GAYA 4. THE DISTRICT PANCHAYAT RAJ OFFICER, GAYA 5. THE SURPANCH, GRAM PANCHAYAT ZHIKTIYA-KALA ----------- 2. 27.1.2010 Heard learned counsel for the petitioner and the State. The petitioner claims to have been appointed as a Nyaya Mitra in the Gram Kachahri, Jhikatiya Kala on 13.3.2008 and started discharge of duties on 15.3.2008. If a person has been appointed and is discharging his duties, unless there be a cessation of the relationship or there be justifiable reasons permissible in law, salary cannot be withheld. If what the petitioner contends is correct, respondent no. 3 is directed to ensure payment of salary in accordance with law, within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The petitioner can be a tool for dispensation of justice only if justice is done to him first. The claim for interest made by the petitioner 2 shall also be decided by respondent no. 3. The liability for interest shall be met by the State Government immediately but the ultimate recovery of the same shall be made from the salary of the delinquent concerned due to which fault/faults, timely payment of salary could not be done. P. Kumar (Navin Sinha, J.)