IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11911 of 2008 BASANT ROY, AGED ABOUT 57 YEARS, S/O LATE PYARE LAL GOAL, R/O MOHALLA-RAM SAGAR WEST, P.S.-CIVIL LINE, DISTRICT-GAYA.………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKAS BHAWAN, BIHAR, PATNA. 2. THE DIRECTOR, SECONDARY/MIDDLE SCHOOL, EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR, MAGADH DIVISION, GAYA. 4. THE DISTRICT EDUCATION OFFICER, GAYA, DISTRICT-GAYA. 5. THE DISTRICT EDUCATION OFFICER, JEHANABAD UNDER MAGADH DIVISION, GAYA. 6. THE PRINCIPAL (HEAD MASTER), KAKOO HIGH SCHOOL, JEHANABAD UNDER MAGADH DIVISION, GAYA. 7. THE HEAD MASTER INCHARGE, ADARSH HIGH SCHOOL, KHAJAWATI, BODH GAYA, DISTRICT- GAYA. …………RESPONDENTS. ----------- 3 17.10.2011 From the order of the Director, Secondary Education dated 29.10.2007, as contained in Annexure-1, it appears that the representation filed by the petitioner, in the light of earlier orders of this Court, for payment of his salary with effect from 30.01.2001, has been rejected on the ground that the petitioner has been posted and working in the High School Pachamba, Giridih during the period. The Director has come to a conclusion that the petitioner could not be paid his salary of 2 two posts and it was in fact a case of fraud for which recommendation has been made to the Jharkhand Government for lodging a criminal case. Learned counsel for the petitioner has drawn the attention of this Court to an information received by him under the R.T.I. Act dated 18.01.2008, a copy whereof is Annexure-10 with the writ application. He submits that this information clearly shows that the teacher, who is working in the High School, Pachamba is having the same name but different parentage. He submits that the person working there is altogether different person and he is a teacher of Arts, whereas this petitioner is a teacher of Science. He submits that only because of petitioner is having the same name this confusion has arisen. He submits that the two teachers are two different individuals and teachers of different streams and working in different schools. Since petitioner has continued in the concerned High School at Gaya under the Magadh Division, without any break in service and has performed his duties to the 3 satisfaction all, which will be evident from the records, he is entitled to salary. The writ application was filed on 11.08.2008 with service of two copies of the same in the office of learned Advocate General. However, no counter affidavit has been filed in the case so far. It is apparent that, when the Director, Secondary Education rejected the representation of the petitioner, the information received by the petitioner under the R.T.I. Act from the High School, Pachamba was not before him. As such it is only fit and proper that the said information should be considered by the Director, Secondary Education and a further inquiry should be made, if necessary, from the District Education Officer, Giridih and the Headmaster of the High School, Panchamba in respect of the said teacher of the same name working there. If in the inquiry it is established that someone else, although of the same name, has been working in the said school, the case of the petitioner for payment of his arrears of salary has to be re-considered by the 4 Director, Secondary Education. Learned counsel for the petitioner submits that the petitioner has now superannuated. In the circumstances, the fixation for payment of pensionary benefits has also to be considered after the said inquiry. The writ application is accordingly disposed of with the aforesaid directions to the Director, Secondary Education which must be completed and complied with positively within three months from the date of receipt/production of a copy of this order. If necessary, petitioner shall be at liberty to file a representation with further details in respect of two individuals and with supporting documents for consideration of the Director. Arvind/ ( J.N. Singh, J.)