IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7242 of 2004 SAMRENDRA KUMAR SAMAR, SON OF RAM YATNA SHAHNI VILLAGE-BHITHA, P.O. BHITHA, DHARAMPUR, P.S. PUPRI, DISTRICT-SITAMARHI. ……….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, VIKAS BHAWAN, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI (SITAMARHI). 3. DEPUTY DEVELOPMENT COMMISSIONER, SITAMARHI. 4. DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI (SITAMARHI). 5. BLOCK DEVELOPMENT OFFICER, PUPRI (SITAMARHI). 6. BHITHA DHARAMPUR PANCHAYAT, BLOCK PUPRI(SITAMARHI) THROUGH THE MUKHIA. 7. MUKHIA, BHITHA DHARAMPUR GRAM PANCHAYAT, BLOCK PUPRI, DISTT. SITAMARHI. …………RESPONDENTS. ----------- 04/ 24.11.2010 Having heard counsel for the petitioner and counsel for the State as with regard to only relief claimed in this writ application relating to payment of honorarium from 08.02.2003 to 07.02.2004, this Court is of the considered opinion that if the Deputy Development Commissioner, Sitamarhi by his letter No. 316 of 24.02.2003, was the person who had directed for staying the acceptance of joining of the petitioner on the said post of Shiksha Mitra till completion of inquiry it was he who 2 had to also decide the entitlement of payment of salary to the petitioner for the aforesaid period inasmuch as it is the claim of the petitioner that his joining was already accepted on 08.02.2003, by the concerned headmaster of the school whereafter he had remained working on the post without any interruption and ultimately was also absorbed on the post of Panchayat Shikshak w.e.f. 01.06.2006 in terms of 2006 Rules. Counsel for the State, however, on the basis of instructions received by him submits that the earlier selection and appointment of the petitioner on the post of Shiksha Mitra, in fact could not be given effect to on account of aforementioned order of restraint passed by the Deputy Development Commissioner, Sitamarhi and the petitioner in fact was subjected to fresh selection and appointment and therefore would not be entitled for payment of salary in terms of his first order of appointment inasmuch he could not/did not continue in view of the aforesaid order of stay of his joining passed by the Deputy Development Commissioner, Sitamarhi. In the opinion of this court, this aspect of the matter has to be in the first instance looked into examined 3 and decided by Deputy Development Commissioner, Sitamarhi. The petitioner therefore is given an opportunity to file his compact representation giving the details of his claim of payment of his salary whereafter the Deputy Development Commissioner, Sitamarhi upon examining the materials on record including the joining report and attendance register of the concerned school/Panchayat as with regard to his actual working of the petitioner would pass his necessary final order as with regard to making payment of salary of the petitioner. Such exercise must be completed by Deputy Development Commissioner, Sitamarhi within a period of three months from the date of filing of the representation by the petitioner, and amount payable if any to the petitioner must be also made available to him by the competent authority in next three months. With the aforementioned observation and direction this writ application is disposed off. Ranjan (Mihir Kumar Jha, J.)