IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7649 of 2008 SMT.BABY KUMARI Versus THE STATE OF BIHAR & ORS ----------- 03 01.4.2009 Heard learned Counsel for the petitioner and learned Counsel for the State. Despite adjournment granted for filing counter affidavit and the observation that in the mean time, the issue of arrears of salary and current salary, shall be considered by the respondents, neither counter affidavit has been filed nor the salary paid. The petitioner contends that she was appointed as Elementary Teacher in the Danuka Tola, Telba, Supaul and joined. She was sent for training also, but salary to her remains elusive from November, 2007. If the petitioner has been appointed after selection and discharged her duties, the issue of payment of salary is purely an administrative issue. From the pleadings in the writ application, no issue with regard to appointment, entitlement of salary etc. requiring adjudication in law arise at this stage. It is indeed unfortunate that a purely 2 administrative issue because of apathy on the part of the official respondents has resulted in a completely avoidable litigation before this Court, already over burdened. The writ application is disposed with directions to respondent no.2 to examine the claims of the petitioner for salary after granting her a hearing, if necessary and pass appropriate orders on her claim for salary since November, 2007. If the respondent holds that the petitioner is not entitled to the salary or any part of the salary, he shall be obliged to pass reasoned and speaking order after duly furnishing materials, on the basis of which relief is sought to be denied and adequate opportunity to the petitioner to rebut the same. In the event that the respondent finds justification in the claim for salary or any part of the salary he shall also decide the issue of payment of interest on the belated payment of salary and also fix the responsibility on the delinquent concerned and recover the interest from the salary of the delinquent. In no event shall responsibility for the salary lie with the State, but only with the officials who let down the State. Let this entire exercise be completed 3 and the legitimate dues be paid within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order. Compliance to be ensured by respondent no.2 himself. P.K. (Navin Sinha, J.)