IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5111 of 2010 1. VINOD KUMAR S/O SRI HIRIDAY NARAIN SINGH R/O VILL CHILHAR, P.S.ITADAHI, DISTT-BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PANCHAYATI RAJ BIHAR, PATNA 2. THE DISTRICT MAGISTRATE BUXAR 3. THE DISTRICT WELFARE OFFICER BUXAR CUM PANCHAYATI RAJ OFFICER, BUXAR 4. THE S.D.O. BUXAR 5. THE BLOCK DEVELOPMENT OFFICER ITADHI, BUXAR 6. THE SARPANCH BIJHARURA PANCHAYAT , UNDER ITADHI BLOCK, BUXAR ----------- 2/ 16/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to have been selected and appointed as a Nyayamitra in the Gram Kutchery, Bijhorura Panchayat under the Itarhi and joined as such on 18.12.2007. He further asserts that he is working since then but is not being paid his salary for which he has represented before the District Magistrate on 19.3.2009. The appointment of Nyayamitras is regulated by the Bihar Gram Kutchery Nyayamitra (Appointment, Service Conditions and Duties) Rules, 2007. Rule-8 provides for the payment of wages to Nyayamitras. Rule-9 prescribes the procedure by which the appointment is to be made. Rule-11 provides the procedure for disciplinary action against a Nyayamitra. Rule-12 prescribes the procedure for any complaint with regard to matters - 2 - related to appointment before the Sub-divisional Officer. He is required to dispose it within a maximum period of 30 days. There can be no doubt that a claim for salary arising out of an appointment as a Nyayamitra is a matter related to the appointment and stands fully covered by Rule-12. Though Rule-12 provides for a limitation of 30 days for raising of any claims, the denial of salary is a continuing cause of action month to month. The Court therefore directs the petitioner to file an application before the Sub-divisional Officer within a period of 30 days from today. It he does so, the Sub-divisional Officer is directed to dispose off his application in accordance with law within a maximum period of 30 days provided in Rule-12 from the date of presentation of such application. If the Sub-divisional Officer finds justification in the claim or in any part of the claim, he shall issue necessary directions for payment of salary within a specified period. In the alternative, any order to the prejudice of the petitioner has to be reasoned and speaking in nature. In the event that the Sub-divisional Officer finds justification in the claim, the petitioner’s appointment has not been interfered with and he is - 3 - discharging duties, the Sub-divisional Officer shall issue notice to the concerned who, according to him, are answerable for withholding the salary of the petitioner. Thereafter, the Sub-divisional Officer shall proceed to recover the cost of the present litigation incurred by the State Government from the salary of the concerned quite apart from the question of proceeding departmentally against the delinquent concerned, if the situation so warrants. The writ application stands disposed. KC ( Navin Sinha, J.)