IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4326 of 2002 DHARMENDRA KUMAR SON OF LATE BHIM SEN RAM, RESIDENT OF VILLAGE BARDIHAN, P.S. NASRIGANJ, DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR 2. THE SPECIAL DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE DIRECTOR, BIHAR SANSKRIT EDUCATION BOARD, PATNA. 4. THE SECRETARY, BIHAR SANSKRIT EDUCATION BOARD, PATNA. 5. THE CHAIRMAN BIHAR SANSKRIT EDUCATION BOARD, PATNA. 6. THE DISTRICT EDUCATION OFFICER, ROHTAS AT SASARAM. ----------- For petitioner : Mr. Ramchandra Singh, Adv. For Sanskrit Siksha Board : Mr. Bijay Kr. Pandey, Adv. For the State : M/S Sunil Kumar Mandal, SC 15 and Bipin Kumar, Adv. ------------- 3/ 09.02.2010 As prayed for, learned counsel for the petitioner is permitted to implead the District Education Officer, Rohtas at Sasaram as respondent no.6 in course of the day. Petitioner is a son of the deceased employee who was working as Clerk in the office of Ram Narayan Sanskrit High School, Bordihan, Nasriganj at Rohtas. It appears that the father of the petitioner died in service. Certain dues remained to be paid for which the petitioner applied to the Headmaster of the School. The Headmaster, vide his letter dated 09.03.1994, requested the Secretary, Bihar Sanskrit Education Board for necessary approval for payment of the dues. The dues chart enclosed with the - 2 - letter of the Headmaster shows that it is with respect to some arrear of salary as well as D.A. From Annexure-A to the counter-affidavit filed on behalf of the authorities of the Bihar Sanskrit Education Board it appears that the Board has issued direction to the District Education Officer, Rohtas at Sasaram on 07.03.2007 itself, for release of payment to the petitioner in accordance with law in respect of the deceased employee. Learned counsel for the petitioner submits that in spite of said direction issued by the Board to the District Education Officer, payment has not been made to the petitioner. In the circumstances this court directs the respondent- District Education Officer, Rohtas at Sasaram to release payment of all admissible dues in respect of the deceased employee to the petitioner within a period of three months positively from the date of receipt/ production of a copy of this order. It is made clear that in case all the admissible dues in respect of the deceased employee is not released to the petitioner within three months, the respondent- District Education Officer, Rohtas at Sasaram, shall be liable to pay an interest @ 8% from his own salary on the remaining amount of dues from the next day of expiry of three months till the amount is actually paid. - 3 - The writ application is disposed of with the aforesaid observation and direction. ( J. N. Singh, J ) BTiwary/