IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8320 of 2000 BRAJ RAJ MISHRA Versus THE STATE OF BIHAR & ors. For the petitioner :Mr. Anjani Parashar For the State :Mr.Uday Shankar Singh, JC to GA 3 ----------- 5. 24.09.2008 Heard Mr. Anjani Parashar for the petitioner and Mr. Uday Shankar Singh, J.C. to G.A. 3. 2. The petitioner seeks a direction to respondents authorities to make payment of his salary as school teacher since March,2000. 3. According to the writ petition, the petitioner is a validly appointed school teacher of the Bihar Government. He was earlier also posted at primary school, Pakhanaha, Anchal Madhubani (West Champaran), as an Assistant Teacher. By order bearing Memo No.4415 dated 28.12.1996, passed by respondent no.4 (the District Superintendent of Education, Bettiah, West Champaran), the petitioner was transferred to the primary school Malahi Tola Thakarah. The petitioner was relieved from his previous school on 5.2.1997. He was in the meantime, directed to receive training from 4.2.1997 to 15.2.1997, which he did join. Thereafter he joined the school at Malahi Tola on 17.2.1997. The petitioner worked for quite - 2 - sometime and received salary. His joining letter dated 17.2.1997 is marked Annexure-1 to the writ petition . The Headmaster of the school issued letter dated 17.7.1999 (Annexur-2), addressed to the respondent no.4, that the petitioner was not working on sanctioned post. The Headmaster of the school addressed his letter dated 26.4.2000 (Annexure-3) to the petitioner informing him that he shall not receive the salary from March,2000. His representations have remained unattended. 4. Copies of this writ petition were served on the learned Govt. counsel on 29.8.2000, whereafter it has been place before the Bench on 31.8.2000, 24.5.2006 and 17.10.2007, notwithstanding which the counter affidavit has not been filed. 5. We have perused the materials on record and considered the submissions of the learned counsel for the parties. In view of the position that the respondent authorities have not placed on record their counter affidavit in spite of more than adequate opportunity, we are constrained to dispose of the writ petition on the basis of the materials on record. The averments made in the writ petition will be deemed in law to have been admitted on account of non-traverse. In that view of the matter, the petitioner is entitled to all his lawful dues with effect from March,2000. Respondent no.3 is hereby directed to - 3 - ensure payment of the dues of the petitioner with effect from March,2000, within a period of three months from the date of receipt/production of a copy of this order, failing which the petitioner shall be entitled to interest at the rate of 6% on the amounts with effect from the date the amount became due till the date of payment. 6. The writ petition is accordingly disposed of. HR ( S. K. Katriar )