IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13080 of 2009 1. SYED ALI AZAM S/O SYED WARIUDDIN VILL.- SANHA, P.O.- SANHA, P.S.- BALIA, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MUNGER 3. THE DISTRICT SUPERINTENDENT OF EDUCATION MUNGER 4. THE BLOCK EDUCATION EXTENSION OFFICER SANGRAMPUR, INGER 5. THE PRINCIPAL CUM DRAWING AND DISBURSING OFFICER MIDDLE SCHOOL, THARA ANCHAL, SANGRAMPUR, DISTT.- MUNGER ----------- 2. 04.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has retired from the post of Assistant Teacher in Primary School, Maktab, Patghaghar Anchal- Sangrampur, District- Munger on 31.12.1995. His prayer is for a direction to the respondents, specially, Principal-cum-disbursing officer, Middle School, Thara, Anchal-Sangrampur, District- Munger for making payment of his arrears of differences of salary for the period 01.01.1971 to 31.03.1973. The amount which should have been paid to the petitioner along with his general provident fund at the time of his retirement as per Government’s own decision has not been paid to him even after more than 10 years of his retirement. It has been stated in the Writ application that the District Superintendent of Education has already passed an order for making payment of arrears of difference of salary for the period 01.01.1971 to 31.03.1973 vide order contained in Annexure-4 but the Principal-cum- disbursing officer of Middle School, Thara, Anchal-Sangrampur, - 2 - District- Munger has arbitrarily put the amount in the suspense account instead of making payment to the petitioner. Prayer of the petitioner is also for imposition of exemplary cost on respondent, Principal of the school for not responding to the commands of his superior officers. Admittedly, the petitioner is entitled for this amount of difference of salary for the period 01.01.1971 to 31.03.1973. Since, it has not been paid to him, as such, this writ application is being allowed directing the Principal of Thara, Anchal-Sangrampur, District- Munger to make payment of the amount to the petitioner forthwith preferably within one week from the date of production/communication of the order along with the statutory interest for which the petitioner is entitled in the eyes of law. In case the payment is not made to the petitioner by the respondent No. 5 within scheduled time allowed by this court, the District Superintendent of Education, Munger is directed to take disciplinary action against respondent No.5. Akv/ (Mridula Mishra, J.)