IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18040 of 2009 1. EHTESHAM AHMAD S/O MANIRUL HASSAN R/O VILL- SARAIYAGANJ, P.S. SARAIYAGANJ, DISTT. MUZAFFARPUR, WORKING AS ASSISTANT TEACHER IN MADARSA ISLAMIA ARABIC COLLEGE, BRAHMPURA, MUZAFFARPUR 2. MD. ADIL S/O MD. MOHIUDDIN R/O VILL- SONERAJ, P.S. LAKHNAUR, DISTT. MADHUBANI, WORKING AS ASSISTANT TEACHER IN MADARSA ISLAMIA ARABIC COLLEGE, BRAHAMPURA, MUZAFFARPUR 3. MUSTAQUE AHMAD S/O NEK MOHAMMAD R/O VILL- BRINDABAN, P.S. TARYANI, DISTT. SHEOHAR, WORKING AS ASSISTANT TEACHER IN MADARSA ISLAMIA ARABIC COLLEGE, BRAHAMPURA, MUZAFFARPUR 4. MD. AKRAM HUSSAIN S/O AHMAD HUSSAIN R/O MOH- BRAHAMPURA, P.S. BRAHAMPURA, DISTT. MUZAFFARPUR, WORKING AS ASSISTANT TEACHER IN MADARSA ISLAMIA ARABIC COLLEGE, BRAHAMPURA, MUZAFFARPUR 5. MD. ZEYA HAIDER S/O NASIBUL HAQUE R/O BIJLIPUR, P.S. BHAGWANPUR, DISTT. VAISHALI, WORKING AS PEON IN MADARSA ISLAMIA ARABIC COLLEGE, BRAHAMPURA, DISTT. MUZAFFARPUR 6. THE MANAGING COMMITTEE OF MADARSA ISLAMIA ARABIC COLLEGE AT MOH- BRAHAMPURA, P.S. BRAHAMPURA MUZAFFARPUR, DISTT. MUZAFFARPUR THROUGH ITS SECRETARY MUNAUWWAR HUSSAIN S/O HABIBUR RAHMAN Versus 1. THE STATE OF BIHAR 2. THE SPECIAL DIRECTOR SECONDARY EDUCATION, BIHAR, PATNA 3. DISTRICT EDUCATION OFFICER MUZAFFARPUR ----------- 02/ 20.04.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners’ prayer is for a direction to the District Education Officer, Muzaffarpur to fix the salary of the petitioners and make payment since they were duly appointed by the Managing Committee. It has been submitted by the counsel for the petitioners that the District Education Officer is an authority to fix the salary and making payment of salary to the petitioners, who were duly appointed by the Managing - 2 - Committee on a sanctioned post following all norms and procedure, as such in his case it is incumbent upon the District Education Officer to fix his salary and make payment of salary. This application is being disposed of giving liberty to the petitioners for filing a representation before the District Education Officer, Muzaffapur. In case of filing such a representation the respondent no. 3 will verify and examine the claim of the petitioners, the concerned Managing Committee will be noticed and finding that the claim of the petitioners is genuine and in accordance with law, his salary be fixed and entire arrears of salary as well as current salary be paid to the petitioners within three months from the date of filing of the representation. DKS/ (Mridula Mishra, J.)