IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6612 of 2009 BALRAM SINGH son of Late Jagdish Singh Yadav, resident of Village Ekarha P.S.Chewara District Sheikhpura at present posted as Head Teacher in Elevated Middle School, Tilwaria Anchal Jhajha-2 District Jamui. Versus 1.THE STATE OF BIHAR through the Principal Secretary, Department of Human Resources Government of Bihar, Patna. 2.The Director, Primary Education,Bihar, Patna. 3.The Regional Deputy Director of Education Munger, Division District Munger. 4.The District Magistrate, Jamui 5.The District Superintendent of Education-cum- Subdivisional Education Officer, Jamui. 6.The Block Education Extension Officer,Jhajha District Jamui. 7.The Treasury Officer, Jamui. ----------- CWJC No.6655 of 2009 RAM KHELAWAN PANDIT son of late Ram Chandra Pandit, resident of Village Duradih P.O.Parsama P.S.Ramgarh Chowk,District Lakhisarai at present posted as Head Teacher in Primary School, Sugwa Uran Jhajha-2 District Jamui. Versus THE STATE OF BIHAR & ORS ----------- 2 23.6.2009. Prayer of the petitioners is for a direction to the District Superintendent of Education-cum-Subdivisional Education Officer, Jamui, respondent no.5 to make payment of their arrears of salary as well as current salary as the petitioners are not being paid their salary from December 2004 on account of the letter issued by the District Superintendent of Education-cum- Subdivisional Education Officer, Jamui contained in Memo no.3272 and 3268 dated 16.12.2004. Petitioners were appointed on the post of Assistant Teacher in the year 1981 and 1984 and since then they are discharging their duty. Their case is that after 24 years of their appointment suddenly an enquiry was asked to be conducted regarding their 2 appointment. They were asked to submit their appointment letters, testimonials relating to educational qualification. In the mean time their salary was stopped though petitioners were still continuing and discharging their duty. Petitioners were expecting that their payment of salary will resume after conclusion of the enquiry but it did not resume. Petitioners specific case is that the payment of salary has been stopped though they still working, they have not been put under suspension in contemplation of departmental proceeding, neither any departmental proceeding has been initiated against them. Petitioner’s case is that till date there is no adverse report against the appointment of the petitioners. It is well settled that a government employee cannot be deprived of his salary if he is still discharging his duty. So far petitioners are concerned, till date there is no order of suspension issued against them. No departmental proceeding either initiated or concluded imposing punishment of stoppage of salary. Act of the respondents in the given facts and circumstances of the case is completely arbitrary and such arbitrariness cannot be allowed to continue. Accordingly the respondents authorities are directed to start payment of salary to the petitioners forthwith. Arrears of salary of the petitioners from December 2004 till date be paid to the petitioners within four weeks from the date of receipt/ communication of the order. Sss/- (Mridula Mishra, J)