IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9680 of 2003 1. SHYAM NANDAN RAM son of late Ram Jatan Ram, resident of village- Sri Rampur, P.S Bihta, District- Patna. 2. Udaya Shankar Rajak son of late Hira Lal Rajak, resident of Mohalla- Khanmirza, P.S Sultanganj, District- Patna. 3. Satyesh Kumar Paswan son of Sri Ram Sringar Paswan, resident of village- Baisha, P S Punpun, District- Patna. 4. Ashok Kumar son of Ambika Prasad, resident of village- Datiyana PS Bikram District Patna. 5. Ashok Paswan son of Sri Moti Paswan, resident of Mohalla Sindhua Toli, PS. Alamganj, District- Patna. 6. Rameshwar Ram son of Jatuli Ram, resident of village- Vishnupura, PS. Tarari, District- Bhojpur (Ara). 7. Jitlal chaudhary son of late Gulab Chaudhary, resident of village- Amhara, PS Bihta, Dist.- Patna. 8. Ram Naresh Paswan son of late Hemraj Paswan, resident of village Ramani Bigha, PS. Dhanarua, District- Patna. … Petitioners. Versus 1. THE STATE OF BIHAR 2. Regional Deputy Director of Education Patna Pramandal, Patna. 3. District Superintendent of Education, Patna. 4. Primary Teacher Extension officer, Masaurhi, Patna. 5. Principal Middle School and Principal Primary School of concerned school, Patna. …. Respondents. ----------- 3. 13.09.2010 Having heard learned counsel for the parties as with regard to the following relief; “1. That this writ application is directed for issuance of an appropriate writ, direction or order upon the respondents to pay the dues of salary since January 1993 to May 1993 for five months during the period of teacher’s training to the petitioners who were sent for Teacher’s training after appoint as teachers in respective schools in view of the order passed in CWJC No. 3172/93 dated 8.4.94 (Annexure-4).” 2 this Court is of the considered opinion that the aforementioned prayer is fully covered by judgment of Division Bench dated 8th April 1994 in CWJC No. 3422 of 1993 (Surendra Paswan & ors vs. State of Bihar & Ors) and CWJC No. 3172 of 1993 (Babu Nandan Pd. Singh & Ors. vs. State of Bihar & Ors.). Ordinarily, this Court having held so could have directed the respondents to immediately pay the salary to the petitioners for the training period i.e. January 1993 to May 1993 but then as there is no counter affidavit and counsel for the petitioner is also not aware as to whether such payment has already been made to the petitioners or not, this Court would direct the respondent, District Superintendent of Education, Patna to examine the grievance of the petitioner for payment of salary for the period in question i.e. January 1993 to May 1993 and if it is found that there is no difference between the case of the petitioners and the case of Surendra Paswan & Ors (CWJC No. 3422 of 1993) and Babu Nandan Pd. Singh & ors (CWJC No. 3172/93) (supra), they would be also paid their salary for the aforementioned period within a period of six months from the date of receipt/production of a copy of this order. If on 3 the other hand, District Superintendent of Education, Patna would find that the case of the petitioners is not covered by the aforementioned judgment and they do not deserve to be paid salary for the period in question, he will, in the same period of six months, pass a reasoned order and communicate to the petitioner by registered post with A.D.. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)