IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2112 of 2002 1. DASRATH PASWAN, S/O LATE SUKHDEO PASWAN, ASSISTANT TEACHER, MIDDLE SCHOOL, EKCHARI, KHALGAON, BHAGALPUR. 2. RAMAWATAR PASWAN, S/O LATE KISHUN PASWAN, ASSISTANT TEACHER, MIDDLE SCHOOL, EKCHARI, KAHALAGAON, BHAGALPUR. 3. SIYARAM YADAV, S/O LATE DARWARI YADAV, MIDDLE SCHOOL, EKCHARI, KAHALGAON, BHAGALPUR. 4. SHOBHA SINHA, W/O SRI PRADEEP KUMAR SINGH, ASSISTANT TEACHER, MIDDLE SCHOOL, EKCHARI, KAHALGAON, BHAGALPUR. 5. BRAHMADEO MANDAL, S/O LATE HARI PRASAD MANDAL, ASSISTANT TEACHER, MIDDLE SCHOOL, EKCHARI, KAHAGALGAON, BHAGALPUR. 6. MAN MOHAN MISHRA, S/O SRI KULDEEP NARAIN MISHRA, ASSISTANT TEACHER, RAJKIYA MADHYA VIDYALAYA, EKCHARI, KAHALGAON, BHAGALPUR. 7. SATYA NARAYAN SINGH, S/O SRI SHAHDEO SINGH, PRIMARY SCHOOL, RASALPUR, EKCHARI, KAHALGAON, BHAGALPUR. 8. SHAKUNTALA DEVI, W/O SRI SUSHEEL PRAKASH MANDAL, ASSISTANT TEACHER, PRIMARY SCHOOL, EKCHARI, KAHALGAON, BHAGALPUR. 9. SADANAND JHA, S/O LATE CHUNCHUN JHA, ASSISTANT TEACHER, PRIMARY SCHOOL, RAMPUR KHARAHRA, EKCHARI, KAHALGAON, BHAGALPUR. 10.RAM NARAYAN PASWAN, S/O LATE KISHUN PASWAN, ASSISTANT TEACHER, PRIMARY SCHOOL, RAMPUR KHARAHARA EKCHARI, KAHALGAON. 11.MAHESH PRASAD SINGH, S/O LATE SUKHDEO PRASAD SINGH, PRIMARY SCHOOL, HARIJAN PURABTOLA, EKCHARI, KAHALGAON, BHAGALPUR. 12.VISHWANATH, S/O LATE MANINDRA NR. GHOSH, ASSISTANT TEACHER, PRIMARY SCHOOL, HARIJAN TOLA, EKCHARI, KAHALGAON, BHAGALPUR. 13.ASHOK KUMAR MISHRA, S/O LATE SHIV NR. MISHRA, ASSISTANT TEACHER, PRIMARY SCHOOL, EKCHARI, PURAB TOLA, KAHALGAON, BHAGALPUR. 14.SHARUN MISHRA, W/O SRI KAMNI JHA, HEAD MISTRESS, PRIMARY SCHOOL, EKCHARI, PURABTOLA, KAHALGAON, BHAGALPUR. 15.KUMARI LALITA SINHA, W/O SRI NARSINGH PRASAD SINGH, ASSISTANT TEACHER, MOKSHADA PRIMARY GIRLS SCHOOLS, BHAGALPUR NAGAR NIGAM, BHAGALPUR. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR, PRIMARY EDUCATION, PATNA, BIHAR. 2. THE DISTRICT EDUCATION OFFICER, BHAGALPUR. 2 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR. 4. THE REGIONAL OFFICER, EDUCATION KAHALGAON. 5. SRI MAHESH CHANDRA SINHA, PRESENTLY POSTED AS HEAD MASTER, MADHYA VIDYALAYA, NATH NAGAR- 1, NAGAR NIGAM, BHAGALPUR. …………RESPONDENTS. ----------- 4 13.01.2010 15 petitioners have joined in this writ application with a common prayer for a direction to the respondents to release arrears of their salary. The details of their arrears in respect of each and every petitioner are mentioned in paragraph 1 of the writ application. In the writ application certain allegations have been levelled against respondent no. 5, the then Headmaster of the school alleging that he had drawn the amount from the Government treasury for payment of arrears of these petitioners, but did not pay the same. After some arguments, learned counsels appearing for the different parties agree that instead of going into that controversy the District Superintendent of Education, Bhagalpur should be directed to enquire into the matter and ascertain the dues of the petitioners and ensure payment of the same. Therefore, in view of the stand of the respective parties, this Court directs the 3 District Superintendent of Education, Bhagalpur to call for the relevant records of the school, namely, acquaintance roll etc. and ascertain with regard to the arrears of salary of different periods of the petitioners as detailed in paragraph 1 of the writ application. If, he is satisfied that the salary of the petitioners of different months and periods have not been paid to them for no fault of theirs and they are legally entitled for the same, he will take steps for release of dues of the petitioners within three months from the date of receipt/production of a copy of this order. It goes without saying that due salary will include the dues in respect of bonus, D.A., difference of salary etc. as may be admissible to the petitioners on their basic salary. The District Superintendent of Education, Bhagalpur must complete this exercise and pass final orders within three months as stipulated above. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)