IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15390 of 2010 1. ARBIND CHAUPAL S/O SHIVLAL CHAUPAL R/O VILL.- DEOKULICHHATI, P.S.- BAHADURPUR, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY PRIMARY & ADULT EDUCATION, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER, DARBHANGA 4. THE DISTRICT MAGISTRATE, DARBHANGA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 6. THE DISTRICT PANCHAYATI RAJ OFFICER, DARBHANGA 7. THE BLOCK EDUCATION EXTENNSION OFFICER, BAHADURPUR, DARBHANGA 8. THE MUKHIYA, GRAM PANCHAYAT TIKA PATTI, DEOKULI, BAHADURPUR, DARBHANGA 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT TIKA PATTI DEOKULI, BAHADURPUR, DARBHANGA ----------- 02. 02.05.2011 Annexure-10 is the communication issued by the Deputy Development Commissioner, Darbhanga, which is dated 7.12.2007. The memo number of the said letter is 1880. This Annexure-10 is supposed to have been issued in the background of some kind of enquiry, which was ordered to be made at the behest of the District Magistrate, Darbhanga, related to appointment of Panchayat teachers/Shiksha Mitra as the case may be, in the various Gram Panchayats. The letter indicates that there were some kind of suspicion with regard to appointment of petitioner which was required to be deeply looked into. Pending final decision even salary of the petitioner has been stopped though the petitioner has not been restrained from functioning or discharging his 2 duties in that capacity. The letter is related to the year 2007. If in the last four years nothing has proceeded, then the petitioner cannot be put on tenterhooks and cannot be denied salary if he is working in that capacity. Annexure-10 is quashed. Writ application is allowed with a direction to the respondents to ensure payment of salary of the petitioner. Allowing the writ application, however, will not come in the way of the competent authority to take any decision with regard to the status of the petitioner if the occasion for the same arises but Annexure-10 is not the answer for such problems. rkp ( Ajay Kumar Tripathi, J.)