IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5407 of 2003 RAJENDRA PRASAD son of Late Nepal Prasad, resident of Village & P.O. Garahni, P.S. Charpokhari, District-Bhojpur, at present posted as Block Education Extension Officer at Marhaura, P.S. & P.O. Marhaura, District Saran. Versus 1.THE STATE OF BIHAR through Director, Primary Education Govt. of Bihar, Patna. 2.The Director, Primary Education, Govt. of Bihar, Patna. 3.The District Superintendent of Education (D.S.E), Saran at Chapra. ----------- 3 13/8/2009 Heard counsel for the petitioner and counsel for the State. Grievance of the petitioner in this writ application is confined to payment of salary for the period 1.10.2001 to 12.6.2002 pertaining to the period of suspension. From Annexure-1, the order dated 12.6.2002 it would be clear that such suspension was revoked under the orders of Director, Primary Education, Bihar Patna vide memo no. 436 dated 12.6.2002 and it was recorded therein that the decision with regard to payment of salary for the period of suspension will be taken upon receipt of report from the District Superintendent of Education, Saran. Such order having been passed on 12.6.2002, this Court expects that the consequential decision must have been taken, but in case no such decision has been taken as yet, it must be taken within a period of three months from the date of receipt/production of a copy of this order. Let it be made clear that this Court has not gone into 2 merits of claim of the petitioner and therefore it will be open for the Director, Primary Education to pass an appropriate order with regard to payment of salary to the petitioner strictly in accordance with law. With the aforementioned observations/directions this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)