IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10144 of 2009 Smt.Ajmeri Khatoon, wife of Shahnawaz Khan, resident of Kabirganj, Madarsa Road, P.S. Sasaram (Town), Sasaram, District Rohtas … Petitioner Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Department of Primary Education, Govt. of Bihar, Patna 3. The Special Director, Department of Primary Education, Govt. of Bihar, Patna 4. The Deputy Director, Department of Primary Education, Govt. of Bihar, Patna 5. The District Superintendent of Education, Rohtas at Sasaram 6. The Sub-divisional Officer, Rohtas at Sasaram 7. Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Rohtas 8. The Secretary, Managing Committee, Muslim Girls’ Middle School, Sasaram, District Rohtas … Respondents ------------------- For the Petitioner: Mr. Shekhar Singh, Adv. & Mr. Sanjay Kumar Sinha, Adv. For the respondents:Mr. Madhuresh Prasad, G.P.12 ------------------- 11. 15.12.2011 Heard counsel for the parties. Though no counter affidavit has been filed on behalf of the Director, Primary Education and the Principal Secretary, Finance Department, in compliance of the order dated 24.10.2011, Mr. Ashutosh, the Director, Primary Education has appeared in person today and has explained that the matter relating to payment of salary of the petitioner has been sorted out and that necessary funds have been released to the District Education Officer, Sasaram who will now make payment of salary to the petitioner within a period of one month. Normally after this part of undertaking was given by the Director, Primary Education, this writ petition could have been disposed as becoming infructuous, but then there is one more significant aspect on which the concerned authorities of the 2 Government will require to make some serious consideration. The payment of salary to the teachers of minority schools, aided institutions, Sanskrit schools, Madarsas and other schools in which the Government has already undertaken financial commitment for payment of salary to the teaching and non-teaching staff is a regular month to month commitment. The procedure for making payment of salary from the funds of the Government, however, has been either too vague or at least not specific as a result whereof the officials at the level of the district find it difficult to take a firm decision in the matter of payment of salary. The procedure of approval of the Finance Department in each year in each of the institution is too cumbersome and in fact causes a lot of delay in payment of salary. The eligible employees of such institutions having been made entitled for payment of salary on the prescribed Government pay scale cannot be made to wait for months and years together for receiving payment of their salary. Mr. Ashutosh, the Director, Primary Education has himself explained that earlier payment of salary of the minority institution, Primary Schools, used to be made on the basis of absentee statement submitted by the Managing Committees to the office of the District Superintendent of Education which in turn was sent by way of preposition statement to the Director, Primary Education for approved and a consolidated demand was thereafter made by the Education Department from Finance Department seeking release of fund. The Finance Department in its turn therefore also used to consume some time for finding out the 3 utilization of the earlier grant and in this way the payment of salary of such employees of the minority/ aided institutions used to be invariably delayed and at least never was made on month to month basis. He has submitted that now in order to streamline the same. Such power has been vested in the Director, Primary Education who had delegated to the District Accounts Officer but then that circular of 2006 also leaves a lot to be desired. In this situation this Court feels necessity to direct the Principal Secretary of the Human Resources Development Department in consultation with the Principal Secretary of the Finance Department to evolve some fool proof method for ensuring month to month payment of salary of the employees of all the aided institutions including minority institution. Such mode of payment may also clearly be laid down wherein the manner in which the appointment made by the Managing Committee of these institutions has to be screened for the purposes of making payment of salary within the prescribed strength must be specified. It is still better if the prescribed strength also is decided and communicated to the respective schools as also controlling district authorities , so that the payment of salary of the approved teaching/non-teaching employee agent. Prescribed sanctioned post does not set delayed. This Court would not like to say anything more for the present as it is a matter of policy but then keeping in view that a large number of writ petitions relating to payment of salary of the employees of the minority institutions/ aided institutions including those functioning under the control of Bihar Sanskrit 4 Shiksha Board and the Bihar Madarsa Education Board are being regularly filed in this Court, it would be in the interest of the State itself to lay down a firm policy for making payment of salary to such teachers whose institutions receive regular grant-in-aid from the State Government. This Court hopes and believes that such a firm policy will be finalized and notified within a period of six months from the date of receipt/ production of a copy of this order. Coming back to the facts of this case, as noted above, an undertaking has been given that all legally payable amount by way of arrears and current salary of the petitioner would be paid within a period of one month, this Court would dispose of this writ application with a direction to the Director, Primary Education as also District Education Officer, Rohtas at Sasaram to ensure that the payment of salary of the petitioner both arrears and current is made within the aforementioned period of one month from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. The personal appearance of the Director, Primary Education, is dispensed with. Let a copy of this order be sent to Director, Primary Education for its compliance. (Mihir Kumar Jha,J.) Surendra/