IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4581 of 2003 HUSNE ARA KHATOON, W/o Md. Shaukat Ahmad, resident of Mohalla Khalilpura, Phulwari Sharif, P.S. Phulwari Sharif, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Superintendent of Education, Patna 3. The Block Education Extension Officer, Danapur-1, Patna 4. The Headmaster, Middle School, Gang Hara, Phulwarisharif, Patna 5. The Headmaster, Middle School, Phulwarisharif, Patna 6. The Treasury Officer, Patna 7. The Deputy Treasury Officer, Danapur, Patna … Respondents ----------- 3. 6.9.2010 Having heard counsel for the parties with regard to very limited relief of payment of salary for the period 26.4.1988 to 3.2.1989 as also a clear order of the concerned District Superintendent of Education, Patna dated 8.4.1993 holding the petitioner to be entitled for payment of such salary, this Court in absence of the counter affidavit cannot find any justifiable reason for denial of payment of salary to the petitioner. As a matter of fact if the petitioner pursuant to her appointment letter dated 16.4.1988 had submitted her joining report on 26.4.1988 and thereafter was kept waiting for posting either for the purposes of verification of 2 the certificates or for any other reason, she cannot be made looser in the matter of receiving payment of her salary. This observation, however, is based on a general assumption of proposition of law that if the employer is responsible in restraining an employee from working, the payment of salary cannot be withheld for no laches on the part of the employee. This Court, however, is not aware of the circumstances in which payment of salary to the petitioner for the aforesaid period 26.4.1988 to 3.2.1989 was not made despite an order of the D.S.E., Patna dated 8.4.1993 and absence of the counter affidavit further complicates the matter. In that view of the matter, this Court would direct the District Superintendent of Education to decide such claim of the petitioner by a reasoned order and also pay the amount of salary of the petitioner if there is no subsequent order cancelling his own earlier order dated 8.4.1993 (Annexure 6). If for any reason the D.S.E., Patna will reject the claim for payment of salary of the petitioner he will 3 have to give reasons which must be communicated to the petitioner within a period of three months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/