IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13572 of 2009 1. RAM SURAT PANDIT @ RAM SURAT PARIT S/O CHHATHU PANDIT VILL.- SUNDARI, P.O.- SUNDARIK, P.S.- BARHARIYA, DISTT.- SIWAN---------------------------PETITIONER Versus 1. THE STATE OF BIHAR null SECRETARY HUMAN RESOURCES DEVELOPMENT DEPT. GOVT. OF BIHAR, PATNA 2. DIRECTOR OF PRIMARY EDUCATION GOVT. OF BIHAR PATNA 3. DISTRICT SUPERINTENDENT OF EDUCATION (D.S.E.) SIWAN 4. BLOCK EDUCATION OFFICER (B.E.O.) BARHARIYA, DISTT.- SIWAN 5. MUKHIYA PANCHAYAT RAJ, SUNDARPUR, DISTT.- SIWAN 6. PANCHAYAT SECRETARY PANCHAYAT RAJ, SUNDARPUR, DISTT.- SIWAN---------------------------------RESPONDENTS ----------- 3 13.12.2010 Heard learned counsel for the parities. The reason for stoppage of salary of the petitioner seems to be the fact that he passed the intermediate examination after more than 33 months of his engagement. In view of the ratio laid down by a Bench of this Court in the case of Indu Devi vrs. The State of Bihar and others (CWJC No. 3700 of 2009) non-passing of intermediate examination within 33 months of engagement cannot be a ground for removal of a person and for non-payment of salary as such. The law being what it is which was based on Circular No.2517 dated 4.7.2008 issued by the State Government itself. This writ application is disposed of with a direction upon the respondents to pay the salary of the petitioner for the period he has worked or has been working, if the payments have not been made so far. Steps will be taken within a period of three months from the date of production or communication of a copy of this order. - 2 - This writ application is disposed of with the direction as above. RPS (Ajay Kumar Tripathi,J.)