IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10549 of 2000 GAURI SHANKAR DUBEY Versus THE STATE OF BIHAR & ORS ----------- 06- 26.09.2008 Heard Mr. Bishnu Kant Dubey for the petitioner, and Mr. Alok Kumar, learned junior counsel to Government Advocate No.I. The petitioner is a School Teacher in the Government-aided Middle School and has preferred this writ petition for a direction to make payment of arrears of his salary for long period. However, the dispute has narrowed down during the pendency of the present proceeding. Major portion of the relief has been granted to the petitioner departmentally and the following grievances survive: (i) Salary including the dearness allowance for the period January, 2007 till date. (ii) Arrears of salary to the extent of Rs.3,272/- for the period 2003-04; and (iii) The petitioner claimed differential amount of salary occasioned by revision of pay-scales for the year 2005-06, amounting to Rs.53,550/- but has instead been paid Rs.29,210/- only. 2 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner had earlier preferred C.W.J.C. No.1346 of 1985. A Division Bench of this Court ordered on 26.8.1985 (Annexure-1), that the petitioner be paid the entire arrears of salary forthwith, and action be taken against the Superintendent of Education, Patna, within a period of ten days. The Court had expressed its unhappiness over the attitude of the authorities towards the petitioner. The matter was again placed before the Division Bench on 8.10.1985 (Annexure-3). The Court noted the submissions advanced by learned counsel for the State that the arrears of salary of the petitioner up to October 1984, and again for the period November 1984, to 21.4.1985, have been paid to the petitioner. The Court was further informed that the disciplinary proceeding has been initiated against the Superintendent of Education, Patna. The writ petition was accordingly disposed of. 3. It appears that the salary of the petitioner again fell in arrears leading to C.W.J.C. NO.2753 of 1986, wherein it is noted 3 that the petitioner was paid his salary up to 21.4.1985, as per the orders passed in the previous writ petition and has not at all been paid after that. However, the writ petition was disposed of by order dated 26.6.1986 (Annexure-4), with a direction to the Director, Primary Education, to personally ensure payment of the petitioner’s salary within a period of two months. It appears that the petitioner has again not been paid for the later period leading to the present writ petition. 4. As noted hereinabove, the petitioner has been paid his salary up to December 2006, and his aforesaid grievances still require consideration. The counter affidavit does not state that the payment of salary for the period January 2007, has till date been paid, nor does it state that the aforesaid sum of Rs.3,272/- has been paid to him. Respondent no.4 (The District Superintendent of Education, Patna) is hereby directed to ensure payment of these amounts to the petitioner which shall carry interest at the rate of 11% from the date the amount became due till the date of payment. 4 5. In so far as the third grievance is concerned, the petitioner’s case is that the balance of Rs.24,340/-, being the differential amount for the financial year 2005-06, remains unpaid. In view of the stand taken in the counter affidavit that the claim to this extent is inadmissible, we uphold the contention of the State Government. This claim is rejected. 6. The writ petition is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/