IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.141 of 2010 1. MAYA SINHA D/O SHRI NAGENDRA NATH SINHA R/O VILL- CHHAGALIA, P.S- KISHANGANJ, DISTT- KISHANGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, KISHANGANJ 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, KISHANGANJ 6. THE BLOCK DEVELOPMENT OFFICER, 7. THE BLOCK EDUCATION AND EXTENSION OFFICER, 8. MUKHIYA, GRAM PANCHAYAT-DAMALWARI, POTHIA, DISTT- KISHANGANJ 9. PANCHAYAT SECRETARY, GRAM PANCHAYAT DAMALWARI, POTHIA, DISTT- KISHANGANJ ----------- 2 5.5.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner had filed this application for directing the respondent authority specifically the District Superintendent of Education, Kishanganj to make payment of month to month salary, which is due since April, 2009 till the date of the filing of the writ application. Petitioner’s case is that she was appointed in the year 2006 following the procedure for appointment provided under 2006 Rules. Appointment letter dated 28.10.2007 was issued under the signature of the Panchayat Secretary and the petitioner was posted as Assistant Teacher in Primary school, Bagalwari-1,Gram - 2 - Panchayat, Damalwari. For one year she was paid month to month salary. Thereafter the District Superintendent of Education vide letter no. 2703 asked the petitioner to submit all her educational certificate, caste certificate and domicile certificate for verification. In the meantime her salary was stopped. Petitioner submitted her all certificates in the office of District Superintendent of Education and after due verification, her salary/honorarium upto the month of March, 2009 has been paid. The District Superintendent of Education again issued similar direction to the Panchayat Secretary and as a consequence, petitioner was not paid her salary. Again an entire certificate of the petitioner was verified, and payment of salary was resumed. This is the third occasion; the petitioner’s salary has been stopped and not paid since, April, 2009. Supplementary affidavit has been filed by the petitioner stating that during the pendency of the writ application, the Panchayat Secretary, Gram nPanchayat Damalbari, has submitted a report before the DSE, vide Reference No. 37/368 dated 2.2.2010 and the DSE has - 3 - issued direction for payment of salary to the petitioner. Petitioner has been paid her arrears of salary and salary for January, 2010 and onwards. The grievance of the petitioner has been redressed but still she is apprehensive that similar notice may be issued to the petitioner in future and payment of salary be stopped. Once respondent authorities have verified relevant certificates of the petitioner and being satisfied, has directed to make payment of salary, it is illegal, that repeatedly after some interval, same action is being repeated. The respondents have no authority for stopping payment of salary once her educational certificates and all other relevant certificates have been found genuine. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar