IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10965 of 2004 Md. Yahya Raz, son of Md. Salimuddin, village Keshopur, PS Sakara, District Muzaffarpur, at present working as Assistant Teacher (Urdu), K.K. Vidya Mandir, Dharhara, District Vaishali – Petitioner. Vs. (1) The State of Bihar, (2) The Director, Secondary Education, Bihar, Patna. (3) Divisional Establishment Committee, Tirhut Division, Muzaffarpur. (4) The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. (5) The Dist. Education Officer, Muzaffarpur. (6) The Headmaster, High School, Mandah, Dist. Vaishali. (7) The Headmaster, K.K. Vidya Mandir, Dharhara, Dist. Vaishali – Respondents. 3 9.12.2010 The petitioner is aggrieved by the fact that the order, dated 25.7.2001 passed in CWJC No. 9397/2001 as contained in Annexure 12 has in effect not been followed in its true letter and spirit. The petitioner filed the aforesaid writ petition for a direction to the respondent authorities to make payment of his salary for the period February 1997 to November 1999. The claim of the petitioner was that he was transferred in 1995 and posted on the post of English teacher although he is a Urdu teacher. The result was that, when petitioner went to join his place of posting, the Headmaster of the school declined to accept his joining. The petitioner made a request for correction of the order which was duly made and thereafter he was permitted to join in December 1999. The salary was paid from December 1999 onwards but no salary was paid between February 1997 to November 1999. A contempt petition was filed in which the court did not pass any positive order. Thereafter CWJC No. 9397/2001 was 2 filed in which the court directed that the petitioner may file a representation before the Director, Secondary Education, Bihar which should be disposed of within two months after examining whether there was any mistake committed by the department in not accepting the petitioner’s joining. The Director, Secondary Education vide Annexure 13 has disposed of the petitioner’s representation. In the order it has been stated that the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur vide letter no. 255, dated 22.12.2001 has stated that the petitioner joined his post on 1.12.1999. Nothing has been stated with respect to the period February 1997 to November 1999. It appears that either proper information was not sought by the Regional Deputy Director of Education, Tirhut Division or he has not understood the orders of the High court and the Director, Secondary Education. The Regional Deputy Director of Education was to examine the records relating to petitioner’s transfer, the date on which he filed an application for correction of his place of posting, subsequent correction made and the attendance register of the petitioner during the interim period i.e. the date on which he was transferred to the date on which he joined at the school in question i.e. December 1999. I accordingly direct the petitioner to file a fresh representation before the Director, Secondary Education, Bihar, Patna showing that he had joined in the office of Education Department and was attending the office till December 1999. On 3 such representation being made, the Director is required to pass a fresh reasoned order within a period of three months thereafter. In case the Director, Secondary Education finds that the petitioner has joined the office of Education Department i.e. either the District Superintendent of Education or the Regional Deputy Director of Education while waiting for correction of his transfer order, the Director should direct for payment of the salary for the aforesaid period and the consequential retiral dues should also be accordingly calculated. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)