IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9851 of 2003 Dr. Prem Lata Sinha, Wife of Kumar Gauri Shankar Sinha, Resident of Mohalla Chandmari Road, Kankarbagh, P.S. Kankarbagh Patna, District Patna, Head Mistress J.D. Girls High School, Adalatganj, Patna. ---------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Secondary Education, Primary Secondary and Adult Education Department, Bihar, Patna. 3. The Director, Secondary Education, Bihar, Patna. 4. District Education Officer, Patna. -------- Respondents ----------- 3 13.09.2010 Having heard learned counsel for the State as with regard to the following prayer:- “1. That this application is being filed for issuance of appropriate writ/ or order/orders directing the respondents to make payment of arrear salary for the period of July 1993 to November 1993 and March 2002 to December 2002 to the petitioner who is working as Headmistress in J.D. Girls High School at Adalat Ganj, Patna.” and the fact that there is no counter affidavit disclosing reasons for non-payment of the petitioner for the aforementioned period, this Court would direct the respondent no.3, the Director, Secondary Education, Bihar, Patna to take appropriate decision and also make payment of salary, if admitted and payable, within a period of six 2 months from the date of receipt/production of a copy of this order. In the event the salary of the petitioner either in full or in part as claimed herein is not found payable, the Director, Secondary Education, Bihar, Patna would also give reasons for the same in the same period of six months as indicated above. It is, however, made clear that in absence of counter affidavit, this Court has not gone into the merit of such claim of the petitioner and therefore, it would be open for the competent authority, namely, Director, Secondary Education, Bihar, Patna to take his own independent decision strictly in accordance with law. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)