IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17601 of 2009 1. MOHD.MAHFOOJ RAB S/O LATE MOHD. ISHADULLAH, R/O VILL- LAXMIPUR, P.O-KAUDIHA, BLOCK-RAXAUL, AT PRESENT POSTED AS NYAY MITRA IN GRAM KUTCHERY, NAKARDAI, BLOCK-ADAPUR, DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, EAST CHAMPARAN, DISTT- MOTIHARI 3. THE DISTRICT PANCHAYATI RAJOFFICER, EAST CHAMPARAN, DISTT- MOTIHARI 4. THE BLCOK DEVELOPMENT OFFICER, BLOCK-AADARPUR, DISTT- EST CHAMPARAN (MOTIHARI) 5. THE GRAM PANCHAYAT SECRETAY, BLOCK AADARPUR, DISTT- EAST CHAMPARAN, DISTT- MOTIHARI 6. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT, NAKARDAI, BLOCK AADAPUR, DISTT- EAST CHAMPARAN ( MOTIHARI) ----------- 2. 25.2.2010 Heard learned counsel for the petitioner and the State. It is asserted that the petitioner was appointed as Nyay Mitra in Gram Kutchery, Nakardia under Aadapur Block, District- East Champaran and joined as such on 18.5.2008 and continued to discharge his duties. Notwithstanding the same, his salary has not been paid. Salary is a statutory right subject to Rule 11 of the Bihar Gram Kutchery Secretary (appointment, service conditions and duties) Rules, 2007 (hereinafter called the Rules), depending on the service conditions and discharge of duties. If the petitioner is discharging his duties as is alleged and his appointment is in 2 consonance with law, there may be no justification for denial of salary which may attract Article 23 of the Constitution against the State. Rule 9 of the Rules provides the procedure for payment of salary. The word appointment shall necessarily take within its ambit salary due in pursuance of such appointment. Let the petitioner represent for the purpose before the Block Development Officer in accordance with Rule 12 which is then required to be disposed off by the Block Development Officer within a period of 30 days provided for in the rules itself. The application stands disposed with the aforesaid observations. P. Kumar (Navin Sinha, J.)