IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7299 of 2009 1. Krishna Kumar Singh, Son of Late Baleshwar Singh, Resident of Village-Ailay, P.S.-Chand, District-Kaimur. 2. Binod Narayan Singh, Son of Laxmi Narayan Singh, resident of village-Nasriganj, P.S.-Nasriganj, District-Rohtas. Both are presently posted as Asstt. Teacher in Government Basic School, Unwas, District-Buxar. ………..Petitioners. Versus 1. The State of Bihar, through its Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna. 3. The Regional Deputy Director of Education, Patna Division, Patna. 4. The District Education Officer, Kaimur (Bhabhua). 5. The District Superintendent of Education, Rohtas (Now Bhabhua). 6. Sub-Divisional Education Officer, Kaimur (Bhabhua). 7. The District Education Officer, Buxar. 8. The Area Education Officer, Buxar. 9. The Headmaster, Government Basic School, Unwas, Buxar. …………Respondents. ----------- 3/ 15.04.2010 Heard counsel for the petitioners and the counsel appearing for the State. Despite, sufficient time has been allowed to the counsel appearing for the State, no counter affidavit has been filed. As such, the application is being decided without any counter affidavit. Petitioners were appointed as Matric Trained Teacher and joined in government basic school, Ailay, Rohtas in the district of Kaimur. The petitioners were dismissed from their service vide order contained in Memo Nos. 232 and 233 dated 14.03.2002 even without any show cause notice or initiating a departmental proceeding. Petitioners preferred a writ application for challenging the - 2 - order of dismissal. The C.W.J.C. No. 5938 of 2009 preferred by the petitioners, was disposed of vide order dated 27.03.2008 directing the petitioners to file an appeal before the competent authority. Petitioner filed an appeal before the Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna, which was allowed and the dismissal order passed against the petitioners was set aside, vide order dated 14.03.2008 contained in Memo No. 198. The petitioners after setting aside of the dismissal order and being transferred from the earlier school, gave their joining at government basic school, Unwas, Buxar. The grievance of the petitioners is that, despite, their joining at government basic school, Unwas, Buxar on 01.03.2009 and continuous discharge of duties, their month to month current salary and arrears of salary for the period they remained dismissal, is not being paid by the respondent. Since, no counter affidavit has been filed, as such, the reason for non-payment of petitioners’ current salary and arrears of salary has not been made known. Admitted fact is that the illegal dismissal order issued against the petitioners has already been set aside by the appellate authority and with the permission of the respondent, petitioners have already joined at transferred school. They are continuously discharging their duties, as such, there is no reason for non-payment of arrears of salary as well as current salary. This application is allowed giving direction to respondent No. 7 i.e. the District Education Officer, Buxar, for making payment - 3 - of entire arrears of salary to the petitioners, within eight weeks from the date of production/communication of the order. Respondent No. 7 is further directed to make uninterrupted payments of month to month current salary to the petitioners. Sanjeet/ (Mridula Mishra, J.)