IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16181 of 2006 SARITA KUMARI, W/O SRI DHARMENDRA KUMAR, R/O A/52, SACHIWALAY COLONY, KANKARBAGH, P.S. KANKARBAGH IN THE DISTRICT OF PATNA. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR, THROUGH THE SECRETARY, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA, DISTRICT PATNA. 4.SRI GURU GOVIND SINGH, BALIKA MADHYA VIDYALAYA, PATNA SAHIB, PATNA THROUGH ITS SECRETARY. 5.THE HEAD MISTRESS, SRI GURU GOVIND SINGH, BALIKA MADHYA VIDYALAYA, PATNA SAHIB, PATNA. ………………………RESPONDENTS. ----------- 05/ 20.07.2011 Having heard counsel for the parties and taking into account that the petitioner claims payment of salary in capacity of teacher of minority school i.e. Guru Govind Singh Kanya Madhya Vidyalaya, Patna Sahib, Patna, whose services were also at one point of time conditionally approved by the District Superintendent of Education, Patna, this Court would find it necessary to get the claim of salary of the petitioner settled by a conscious decision of the Director Primary and Adult Education, Patna who is definitely the competent Authority to accord approval of 2 payment of salary to the teachers of the minority school. As a matter of fact, if the respondents had filed their counter affidavit, probably the things could have become clear enabling this Court to decide the matter one way or the other but in the absence of counter affidavit it would be difficult for this Court to record a finding as to whether the petitioner is eligible for payment of salary and also whether she is covered by the sanctioned post under staffing pattern for a minority aided school and/or fulfils the requisite criteria for receiving such payment of her salary. In that view of the matter, this Court would give liberty to the petitioner to approach the Director Primary Education, Government of Bihar, Patna by filing a self contained representation enclosing also the copy of this order and in the event such a representation is filed by the petitioner before the Director Primary Education, Government of Bihar, Patna, he shall be under an obligation to take a final 3 decision as with regard to the payment of salary to the petitioner within a period of three months from the date of receipt/production of the aforesaid representation of the petitioner along with a copy of this order. It goes without saying that if the Director Primary Education, Patna would find the petitioner entitled for the payment of salary he would also ensure its prompt payment to the petitioner but in the event if he would find the petitioner not entitled to receive such payment of her salary he will definitely record his reasons and communicate the same to the petitioner in the same period. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)