IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5480 of 2009 SHARDA KUWAR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- Mr. Rajendra Prasad Singh, Senior Adv. Mr. Mrityunjay Kumar, Adv. Mr. Rakesh Kumar Singh, Adv. For the State:- Mr. G.A. 7. --------------------- 2. 29.4.2009 Heard learned counsel for the petitioner and the State. The petitioner came to this Court earlier in C.W.J.C. No. 14127 of 2007. The claim was for arrears of salary. The writ application was disposed on 10.7.2008 with liberty to file a representation before respondent no. 8 therein, the Block Development Officer under Rule 18 of the rules of 2006 with regard to appointment of teachers. The writ petition states that in pursuance thereof, the petitioner moved before the Block Development Officer who asked him to appear before him on 21.8.2008 with all necessary papers. The petitioner appeared before the Block Development Officer on 21.8.2008 and submitted the necessary papers, notwithstanding the same the salary was still not been paid. The issue of salary may involve issue of facts also. Salary cannot be withheld unless and until a person is punished in a proceeding or otherwise in accordance with the service rules and lastly if he is not in service the question of payment of salary does not arise. On the earlier occasion, this Court directed the subordinate functionary i.e., the Block Development Officer to look into the matter. He is refusing to exercise his jurisdiction in accordance with law. This is - 2 - purely an administrative matter. In so far as the respondents are concerned, they are generating unwanted litigation. This Court has now no option but to direct the respondent no. 2 to examine the action of the Block Development officer as noticed above. Respondent no. 2 is obliged to consider the claim of the petitioner for salary and direct payment of legitimate dues of the petitioner in accordance with law. If relief is to be denied respondent no. 2 shall be obliged to pass a reasoned and speaking order after making available to the petitioner the material ground on which he was satisfied that petitioner was not entitled to the salary and opportunity to the petitioner to meet the same. If the respondent no. 2 finds justification in the claim of the petitioner or any apart of the claim of the petitioner, while passing appropriate orders thereupon, he shall be obliged to consider the issue of grant of interest to the petitioner also and the administrative aspect of non compliance of the order by the Block Development officer notwithstanding earlier orders of this Court. In no event shall the amount of interest granted to the petitioner, if any, be borne by the Government. The payment of interest shall be made by the Government forthwith and respondent no. 2 shall then proceed in accordance with law to recover the interest from the salary of the erring official. Let respondent no. 2 comply this order within a maximum period of three months from the date of receipt/production of a copy of this order. P. Kumar (Navin Sinha, J.)