IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2533 of 2005 ABDUL KHALIQUE, SON OF ABDULLAH, RESIDENT OF VILLAGE RAMPUR KONDER, P.O. KUNWAR DHEKHAN, P.S. KESARIYA, DISTRICT EAST CHAMPARAN. -------------------------------------------------------------------------------------- Petitioner Versus 1. THE STATE OF BIHAR. 2. DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN. 4. THE MANAGING COMMITTEE OF MADARSA ISLAMIA ARBIA AT RAMPUR KONDER, DISTRICT EAST CHAMPARAN THROUGH ITS PRESIDENT SHAMSUL HAQUE. 5. BIHAR STATE MADARSA EDUCATION BOARD, VIDYAPATI MARG, PATNA. 6. MD. MASOOD ALAM, HEAD MOULVI, MADARSA, ISLAMIA ARABIA, RAMPUR KONDAR, P.S. KESARIYA, DISTRICT EAST CHAMPARAN. ---------------------------------------------------------------------------------- Respondents *********** 6 3.1.2011 Petitioner is working as an Assistnt Teacher in a Government aided Madarsa known as Madarsa Islamia Arbia, Rampur Konder, P.S. Kesariya, District East Champaran, Motihari. Petitioner was not paid his salary which led him to file CWJC No. 3926 of 1998 which was disposed of on 23.6.1999 with a direction that the petitioner should file a representation before the Secretary of the old Managing Committee within a period of two weeks. The Committee was to examine the grievances of the petitioner and make necessary recommendations for making payment to the petitioner. Despite the recommendations of the Committee, payment was not made to the petitioner, and as such he filed a contempt application numbered as 2 MJC No. 488 of 2000 which was disposed of on 28.8.2002. On filing of the contempt application, payments were made to the petitioner. Subsequently, it appears that the payment of the petitioner was stopped from 1.4.2002 and onwards. Petitioner has made several representations however, the District Education Officer, Motihari has not taken any steps for making payment of the salary of the petitioner. No counter affidavit has been filed on behalf of any authority. Apparently an intervention application has been filed by one Md. Masood Alam, who has made an objection to the payment of the salary to the petitioner. I do not see how Md. Masood Alam can make an objection. It is only the Principal of the Madarsa who can recommend to the Managing Committee that the petitioner for one reason or the other is not entitled to be retained in service, such actions have not been taken by the Principal of the Madarsa. Nevertheless, this Court finds that since there has been a lapse of several years i.e. from the year 2002- 03 till the present date, no salary has been paid to the petitioner, the fact of the matter is that it would be the duty of the Managing Committee to examine as to whether the petitioner is working in the said Madarsa and whether he is entitled to payment of salary. If the Managing Committee comes to the conclusion that the 3 petitioner is validly working in the Madarsa, it would be incumbent that the Managing Committee should make a recommendation to the District Education Officer, East Champaran, Motihari. The District Education Officer on a recommendation being received by the Managing Committee should consider the case of the petitioner and make payments to the petitioner to the extent of the liability of the State Government in case of teachers working in a Madarsa. The petitioner would have the liberty to file an application before the Managing Committee and the District Education Officer within a period of eight weeks on receipt of a copy of this order. Respondent no. 3 (District Education Officer, East Champaran) shall pass an appropriate order within a period of three months after the receipt of the recommendation made by the Managing Committee of the Madarsa Islamia Arbia, Rampur Konder, P.S. Kesariya, District East Champaran, Motihari. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J. )