IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17289 of 2009 1. UPENDRA KUMAR MISHRA S/O LATE MATHURA MISHRA R/O VILL.- GORIYA ASTHAN, P.S. MANER, DISTT.- PATNA, PRESENTLY POSTED AS TYPIST-CUM-CLERK AT BIHARIGANJ, IN THE DISTRICT OF MADHEPURA IN INTEGRATED CHILD DEVELOPMENT PROJECT Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, MADHEPURA 4. THE DISTRICT MAGISTRATE, ROHTASH AT SASARAM 5. DIRECTOR, DIRECTORATE OF ICDS, SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 6. DISTRICT PROGRAMME OFFICER, ROHTASH 7. DISTRICT PROGRAMME OFFICER, MADHEPURA 8. CHILD DEVELOPMENT PROJECT OFFICER, DAWATH (ROHTASH) 9. CHILD DEVELOPMENT PROJECT OFFICER, BIHARIGANJ (MADHEPURA) ----------- 2. 9.2.2010 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been an appointee in the Adult Education Project who came to be terminated and then appointed in the non-formal scheme of education and ultimately in the Child Development Project Programme. The grievance is with regard to non-payment of salary from March, 2009. Salary is a statutory right and cannot be denied except in accordance with law unless there be cessation of master servant relationship, or if the incumbent was not discharging duties. The nodal authority of the petitioner is stated to be respondent no. 5, Director, Directorate of ICDS, 2 Social Welfare, Government of Bihar, Patna. Let the petitioner file a fresh representation before respondent no. 5, who is directed to decide the claim for salary of the petitioner in accordance with law, within a maximum period of two months from the date of receipt/production of a copy of this order, when it is expected that the legitimate dues, if any, shall be made available during like period. If there be no cogent and valid reasons in law for withholding the salary, respondent no. 5 is obliged to consider the question of grant of interest to the petitioner on the arrears also and in which event he is required to fix responsibility on the delinquent for delay in payment of salary and recover the amount of interest paid to the petitioner from the salary of the delinquent. The writ application stands disposed. P. Kumar (Navin Sinha, J.)