IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10401 of 1997 In the matter of an application under Article 226 of the Constitution of India. Sanjay Kumar, S/o Late Ram Pravesh Maharaj, resident of Mohalla – Sasulpur Zilani, Manjhaulia Road, PS Kazi Mohammadpur, Distt. Muzaffarpur, at present Clerk in the office of the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur .... .... Petitioner Versus 1. The State Of Bihar 2. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur 3. The Inspectress of Schools-cum-Deputy Director of Education, Bihar, Patna 4. The District Education Officer, Vaishali 5. The Treasury Officer, Hajipur 6. The Principal, Primary Teacher’s Training College, Dighi, Hajipur .... .... Respondent/s ******* For the Petitioner : Mrs. Rekha Prasad For the State : Mrs. Namrata Mishra Govt. Pleader no. 17 ******** P R E S E N T HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH Ahsanuddin Amanullah, J. Originally the writ petition had been filed for quashing of the order contained in memo no.114 Dighi dated 7.2.97, issued by respondent no.6 (Principal, Primary Teachers Training College, Dighi, Hajipur), by which the petitioner had been relieved from his office of the Principal in light of Memo no.48 dated 22.1.97, issued by the Inspectress of School-cum-Deputy Director of Education, Bihar, Patna, inspite of the petitioner being posted at Dighi, Hajipur, under Memo no. 5634 dated 13.9.96, by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. Further relief prayed for 2 was to make payment of arrears of salary as well as current salary of the petitioner from the date of first appointment/joining in the office of the Regional Deputy Director and thereafter in the office of the Principal from 7.6.95. Learned counsel for the petitioner submits that as of now, the only real grievance which persists is that the petitioner has not been paid salary for the period 7.6.95 to 11.2.97, i.e. when he was posted in the office of the Principal, Primary Teachers Training College, Dighi, Hajipur. Learned counsel for the petitioner submits that the petitioner was posted in the said college by valid order of transfer issued by the competent authority, i.e. the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, and pursuant to that he had also joined the college at Dighi on 13.9.96. However, the Principal of the college had written a letter to the Regional Deputy Director of Education asking for confirmation of the letter of transfer as well as copies of the service-book of the petitioner and the vouchers by which he had been paid his wages. She submits that the Regional Deputy Director had verified the transfer order with regard to the petitioner. However, it appears that a controversy arose with regard to the very appointment of the petitioner and many persons including the petitioner were removed from service but later on such order of termination has been stayed by the Department itself, and the petitioner is getting the current salary, but he has not been paid for the period during which he was transferred. 3 2. A counter affidavit has been filed on behalf of respondent no. 6 wherein it is stated that with regard to five months period alleged to have been spent in the college, no salary could be paid since the petitioner had not actually worked as admittedly another person was working on the post on which the petitioner had been transferred. In reply to the counter affidavit, there is no specific averment that the petitioner had worked but rather there is an admission that some other person was working on the post though it is stated that he was working illegally without any valid order and not being relieved by the Principal. 3. In view of the aforesaid factual position, this Court is not in a position to pass any positive order with regard to payment of salary for whatever period the petitioner claims which is legally due to him. In the circumstances, the writ petition is disposed off with liberty to the petitioner to file a detailed representation before the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, with regard to the grievances as raised in the present writ petition. If such a representation is filed within two months from today, alongwith a copy of this order, then the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, shall look into the matter and verify from the records available and other evidence which the petitioner may provide before him to ascertain as to actually what is the period for which the 4 petitioner is legally entitled for payment of his salary. He shall consider the same in accordance with law keeping in mind the fact that if the petitioner had discharged his onus by joining at the place of transfer and if no fault or laches can be attributed on his part then such payment cannot be denied to him. This exercise should be completed within four months from the date of filing the representation before him. The petitioner may also be given an opportunity of personal hearing, if so desired by him. The petitioner shall not be denied his payment if it is found that for the fault of others he could not actually join and discharge his duty. ( Ahsanuddin Amanullah, J.) Patna High Court, Patna The 5th of December 2011 NAFR/mrl