IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.983 of 2010 Rajesh Kumar Manjhi Versus The State Of Bihar & Ors ----------- 03/ 24th June 2011 Heard Mr. Umesh Kumar Mishra, learned counsel for the appellant and AAG-4 for the respondents. By the judgment impugned learned single Judge has directed respondent no.7, Sri Kedar Ram, Panchayat Sachiva, Gram Panchayat Raj, Fulwaria, under Maker Block, Saran to make payment of entire arrears to the petitioner. Learned single Judge further directed him not to put any obstacle in future in payment of salary to the petitioner on regular basis without putting any hindrance. In case of some false pretext if such obstacle is put by the respondent no.7, it will be proper to the concerned District Magistrate or the BDO to take legal action against respondent no.7. The aforesaid direction has been issued on the basis of the fact recorded in the judgment which reads as follows:- “ No such complaint has been made by any other person. The District Magistrate of the concerned district, the B.D.O, the District Superintendent of Education no one has found any such irregularity in case of the petitioner 2 except the respondent no.7. This shows the intention of respondent no.7. The reason for not making payment must have been something else which has not been disclosed. However, counsel for the petitioner submits that still some arrears have not been paid”. Learned single Judge has further recorded that Rs. 1,11000/- has been paid to the petitioner. It has been stated in the appeal that this payment was made when the appearance of the appellant was required by the Court and the Court directed to make payment. Learned single Judge has not taken into account the report of the Block Development Officer wherein after considering the representation of both the parties the B.D.O. has recorded a finding that the petitioner-respondent No.9 never joined Primary School Kap Sahar (Hindi) and by 31.12.2008 no payment was made to the petitioner-respondent No.9 in appeal. It has further been recorded that the petitioner-respondent No.9 has joined a Girl Primary School, Phulwaria Tole Kap Sahar which is an unaided institution which was evident from the verification of the location of two schools on two different plots. Regional Deputy Director (Primary School) 3 of the region is directed to decide the entire issue in the light of Annexure-3 relating to appointment of the petitioner in writ petition, respondent No.9 in this appeal, afresh and pass appropriate order within a period of fifteen days from the date of production of certified copy of this order. Till the decision by the Regional Deputy Director, Primary School, the contempt proceedings are deferred. The appeal is disposed of. perwez (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)