IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14147 of 2002 INDRANI KUMARI, W/o Sri Omprakash Yadav, resident of Mohalla Purbinandgola, P.S. Malsalami, District Patna, presently posted as Assistant Teacher in Kanhailal Madhya Vidyalaya, Chutkiyabazar, Anchal Malsalami, District Patna … Petitioner Versus 1. THE STATE OF BIHAR through the Director, Primary Education, Vikash Bhawan, Bihar, Patna 2. The District Superintendent of Education, Patna 3. The Block Education Extension Officer, Fatwah 2 (east) Fatwah, Patna 4. The Headmaster cum Drawing and Disbursing Officer, Middle School, Bakarganj Kohama, Patna 5. Incharge Headmaster Jhuggi Jhopari Primary School, Mustafapur (Mushari) P.O. Eraibenipur, Anchal Fatwah (East), District Patna 6. The Headmaster, Primary School, Netar, Fatwah, Patna 7. The Headmaster, Primary School Kripaltola, Fatwah, Patna 8. The Headmaster Primary School Kurtha Harijantoli, Fatwah-2, Patna 9. The Headmaster, Kanhailal Madhya Vidyalaya, Chutkiyabazar Malsalami, Patna City, Patna 10. Budge cum Accounts Officer, Primary, Secondary & Adult Education, Bihar, Patna … Respondents. ----------- 3. 1.7.2010 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of an appropriate writ, order or direction for the payment of monthly salary of the petitioner from September, 1994 to August, 1995, November, 1995 to December, 1995 and January, 1997 to February, 2 1997 and April, 1997 plus bonus of financial year 1994-95 and 1995-96 alongwith bank rate interest thereon.” Counsel for the petitioner would submit that in fact the petitioner’s working as also admissibility of payment of salary for the period claimed in this writ application is admitted but even then the Drawing and Disbursing Officer for some obvious reasons is not making payment of salary. In this context he would also refer to different representations filed by the petitioner including last one addressed to the District Superintendent of Education, Patna on 12.3.2001 but even thereafter no decision for payment of arrears of salary has been taken. Counsel for the State in absence of instruction and also without filing of a counter affidavit is not in a position to take any firm stand. This writ application has remained pending for a period of almost eight years and yet if the authorities of the State have not been found sufficient time to give instruction to their counsel or to file 3 counter affidavit this Court cannot be expected to wait endlessly for such counter affidavit. In that view of the matter, this Court would direct the District Superintendent of Education, Patna to dispose of the representation of the petitioner, as contained in Annexure 7, within a period of three months from the date of receipt/ production of a copy of this order. The said authority while disposing of the representation of the petitioner would also ascertain the reasons due to which the petitioner’s salary had been not paid. While passing the reasoned order the D.S.E., Patna will also be at liberty to initiate disciplinary proceeding against the erring official, the Drawing and Disbursing Officer, if he would find that it was on account of deliberate action of such person that the petitioner had remained deprived for payment of salary. Let it be made clear that this Court has not gone into the merits of the claim of the petitioner and the D.S.E. has to find out the admissibility of payment of salary on the basis of the records of 4 working of the petitioners and also relevant rules and circulars of the Government prescribing payment of salary to the petitioner pursuant to her appointment. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/