IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12166 of 2001 BHAGWAT KUMAR PATHAK, SON OF SRI MADAN MOHAN PATHAK, SCIENCE TEACHER, MIDDLE SCHOOL JALKADARBAGH, MALSALAMI, PATNA CITY, DISTRICT PATNA……………………………………………………………………..PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA THROUGH ITS CHAIRMAN-CUM- DISTRICT MAGISTRATE, PATNA 4. DISTRICT SUPERINTENDENT OF EDUATION, PATNA COLLECTORATE COMPOUND, PATNA 5. SRI DAYA NATH MISHRA, CLERK, POSTED IN THE OFFICE OF DISTRICT SUPERINTENDENT OF EDUCATION, PATNA AS INCHARE OF LEGAL SECTION, DISTRICT PATNA 6. HEAD MASTER, MIDDLE SCHOOL, JALKADARBAGH, MALSALAMI, PATNA CITY, PATNA ………… RESPONDENTS ----------- 5. 30.06.2009 Heard learned counsel for the petitioner and learned counsel for the respondents. Initially, this writ application was filed for quashing of Annexures 1 and 2 whereby payment of salary of the petitioner was stopped and he was directed to deposit the salary received amounting to Rs.2,54,432/-. Today learned counsel for the petitioner files another supplementary affidavit with which he has annexed the order of the respondent- District Superintendent of Education, Patna dated 23.1.2008 as contained in annexure-25 from which it appears that Annexures 1 and 2 have been - 2 - withdrawn by the respondents and the Drawing & Disbursing Officer, namely, Headmaster of the School has been directed to pay all the pending due salary of the petitioner. Learned counsel for the petitioner submits that in spite of the said order of the respondent-District Superintendent of Education dated 23.1.2008, the Headmaster of the School has not paid due salary of the petitioner till now. In view of the Annexure-25, learned counsel for the State submits that the writ application may be disposed of with direction to the Drawing & Disbursing Officer, namely, Headmaster of the school for payment of all the due salary of the petitioner within a time frame after ascertaining the fact that the order of the respondent-District Superintendent of Education dated 23.1.2008 has not been modified or rescinded. Accordingly, this Court directs the Drawing & Disbursing Officer, namely, Headmaster of Middle School, Jalkadarbagh, Malsalami, Patna city, Patna to ascertain with regard to the order of the respondent-District Superintendent of Education, Patna as contained in Memo No.394 dated - 3 - 23.1.2008 and if he finds that the aforesaid order has not been modified or rescinded till now, he shall take appropriate steps for release of all the pending due salary of the petitioner preferably within a period of three months from the date of receipt/production of a copy of this order. With the above observation and direction, this writ application is disposed of. B.T (J.N. Singh, J.)