IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1598 of 2003 ABDULLAH, son of Late Abdus Sattar, Incharge Head Maulvi of Madarsa Islamia Arafia Rampur Kondar, P. S.- Kesaria, District- East Champaran (Motihari)…. Petitioner. Versus 1. THE STATE OF BIHAR through the Special Director of Secondary Education, Patna. 2. The Chairman, the Bihar state Madarsa Education Board, Patna. 3. the Secretary, the Bihar State Madarsa Education Board, Patna. 4. The District Education Officer, East Champaran, Motihari. 5. Sri Shamshul Haque, President. 6. Bibi Asma Khatoon, Secretary, Both Managing Committee of the Madarsa Islamia Arabia Rampur Kondar, P.S.- Kesaria, District- East Champaran (Motihari)… Respondents. ----------- 3. 26.07.2010 Heard counsel for the petitioner, counsel for the Bihar State Madarsa Education Board as also counsel for the State. At the outset Mr. M. A. Rahman, learned counsel seeking to intervene in the matter on behalf of Md. Maswood Alam, Head Maulavi would seek indulgence to adjourn this case in order to enable him to file an application for intervention. He would submit that the intervention of the Head Maulvi is necessary to spell out true state of affairs with regard to working of the petitioner. In the opinion of this Court, when there is no intervention application already filed, this Court is not 2 obliged to accept the oral submission on behalf of the Head Maulvi who is not even a party to present case. Nonetheless, this Court would find that the prayer of the petitioner in this writ petition is for payment of salary from 1.10.1992 and till date (i.e. 11.2.2003 when the writ petition was filed). Counsel for the petitioner would invite attention of this Court towards the order dated 16.4.1992 passed by the Bihar State Madarsa Education Board and interim order of the Special Director, Secondary dated 29.2.1996 to take a stand that it was only on account of the order passed by the Special Director the payment of salary of the petitioner was not made. He would also submit that appeal No. 8 of 1993 was finally disposed of in favour of the petitioner on 25.4.1997 but then the said order passed by the Special Director was interfered by this Court in CWJC No. 4900 of 1997. In the opinion of this Court, such disputed claim of salary of the petitioner has to be now decided in the first instance by the Bihar State Madarsa Education Board inasmuch as there seems to be also a dispute with regard 3 to working of the petitioner on a post which was accepted by the Head Maulavi in whose favour the writ petition was already allowed. Counsel for the petitioner would then submit that even if the claim of the petitioner on the post of Head Maulavi would not be accepted, his appointment being made on the post of Maulavi will definitely give him a right for receiving payment of salary. He would also rely on the order dated 21.1.2003 passed in CWJC No. 12214 of 2002 to buttress his submission that the case of the petitioners stands on the same footing. In the opinion of this Court all these question of facts has to be now considered by the Bihar State Madarsa Education Board and therefore the Chairman of the Board is directed to examine the claim of the petitioner and decide the same within a period of six months from the date of receipt/production of a copy of this order. Let it be made clear that this court has not expressed any opinion on the merit of the claim of the petitioner and therefore it would be open for the Chairman of the Board to pass his own order strictly in 4 accordance with law. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)