IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9874 of 2003 Lalita Devi, W/o late Punyadeo singh, resident of village Khulasa, P.O. Madhopur, P.S. Jamo Bazar, District Siwan. ------- Petitioner Versus 1. The State of Bihar. 2. The District Superintendent of Education, Siwan. 3. The Treasury Officer, Siwan. --------- Respondents ----------- 3 13.09.2010 Having heard learned counsel for the State in respect of the following relief:- “1. That this application has been filed for issuance of an appropriate writ/writs, order/ orders/direction, directions for commanding and directing the respondent-authorities with respect to the payment of arrear of salary of increment from year 1992, 1993, 1994 difference of salary 01-04-84 to 31-08-91 and other dues which has not been paid to the Petitioner without any reasonable grounds and for the other necessary relief/reliefs, order/orders on the basis of the facts and circumstances of the case stated hereinafter.” and the clear and categorical stand of the respondent no.2, the District Superintendent of Education, Siwan in paragraph nos. 4 & 5 of the counter affidavit, reading as follows:- “4. That in this regard the respondent 2 no.2 has to say that he has written a letter vide memo no. 2165 dated 27.9.2003 to the Headmaster/Drawing and disbursing officer of Middle School for the payment of said amount. 5. That it is further stated that in the aforesaid letter it has also been directed to the concerned Drawing and Disbursing Officer to make payment of the aforesaid dues out of the available allotment.” this Court must hold that as there is no dispute with regard to the entitlement of the payment of amount claimed in this writ application by the widow of the deceased employee, the competent authority, namely, District Superintendent of Education, Siwan must ensure that the actual payment thereof is also made to the petitioner, if not already paid by now, within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that if the Headmaster, for any reason, does not comply the order in this regard, the District Superintendent of Education, Siwan will himself take step for payment of such amount to the widow petitioner and, thereafter, 3 initiate action against the Headmaster for disobedience of his order. The payment to the petitioner must be made in the aforesaid period, failing which it is the District Superintendent of Education, Siwan who would be held to be personally liable for violating the direction of this Court. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)