IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3634 of 2007 SURESH UPADHYAY, SON OF LATE BUDHAN UPADHYAY, ASSISTANT TEACHER, HIGH SCHOOL, DEOKALI, POLICE STATION GURARU, DISTRICT GAYA……………………………………………………….…………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 2. THE DISTRICT EDUCATION OFFICER, GAYA 3. THE ACTING HEADMASTER, HIGH SCHOOL, DEOKALI, POLICE STATION GURARU, DISTRICT GAYA……………………………………RESPODNENTS ----------- 2. 08.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for direction to the respondents to pay his salary as an Assistant Teacher in a Government School due since March, 2001 as well as for payment of his current salary. A counter affidavit has been filed in this case by the District Education Officer in which, on the basis of the report of the Headmaster, it has been asserted that the petitioner has not been working in the school. Learned counsel for the petitioner submits that due to dispute between two Headmasters, petitioner’s salary was stopped. He submits that petitioner has already filed a representation before the District Education - 2 - Officer, as stated in paragraph 7 of the writ application. He submits that the District Education Officer may be directed to make enquiry with regard to working of the petitioner and if he is satisfied that petitioner had continued in service, he may be directed to pass order for payment of salary of the petitioner. Learned counsel for the State submits that documents annexed with the counter affidavit show that petitioner has not been working in the school. However, it is apparent that petitioner has not been given any opportunity to show cause or to explain in respect of his working or otherwise in the school before the said order has been passed. Therefore, this writ application is disposed of with a liberty to the petitioner to file a fresh representation before the District Education Officer, Gaya, who shall enquire the matter on the basis of the records and if necessary, by physical inspection of the school, with regard to the working of the petitioner and if he is satisfied that the petitioner has been working in the school, he shall pass necessary orders with regard to payment of admissible - 3 - salary etc. of the petitioner. In case he comes to the conclusion, on the basis of the enquiry, that petitioner has not been working in the school, he shall pass appropriate orders and communicate the same to the petitioner. A final decision shall be taken by the District Education Officer, Gaya within three months from the date of filing of the representation. The writ application is, accordingly, disposed of. B.T (J.N. Singh, J.)