IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11911 of 2001 1. SMT.PUSHPA KUMARI, W/O DR. KAMLESHWAR PRASAD SINGH, MOHALLA RAJBAGH, P.O. AND P.S. PUPARI THANA ROAD, DISTRICT SITAMARHI ASSISTANT TEACHER GOURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI. 2. SMT. INDU KUMARI, W/O SRI VINOD KUMAR KARN ‘VIYOGI’ OF MOHALLA SARASWATI NAGAR P.O. AND P.S. PUPARI, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 3. SMT. MANJULA KUMARI, W/O DR. OM PRAKASH, MOHALLA AND P.O. JANAKPUR ROAD AND P.S. PUPARI, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 4. SMT. PREM KUMARI, W/O SRI KAMESHWAR PRASAD SAHI, MOHALLA 33111 K.V. POWER HOUSE, P.O. AND P.S. DUMARA, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 5. SMT. KUMARI POONAM, W/O SHRI RAM KUMAR THAKUR SINGIYAHI ROAD, PUPARI, P.O. AND P.S. PUPARI, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 6. SMT. NEELAM GUPTA, W/O SRI PREM SHANKAR PRASAD, BALA HOUSE, JANAKPUR ROAD, P.O. AND P.S.-PUPARI, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 7. SMT. GEETA GUPTA, W/O SRI GOPALJI PRASAD, SINGYAHI ROAD, P.O.AND P.S. PUPARI, DISTRICT SITAMARHI, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 8. SHRI RAMESH NARAIN PATHAK, S/O SRI SUKHDEO NARAIN PATHAK, P.O. MISHIR TOLA, P.S. DARBHANGA IN THE DISTRICT OF DARBHANGA, ASSISTANT TEACHER GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 9. SMT. ZARINA KHATOON, W/O SAH MOHAMMAD, VILLAGE BEHIND I.B. RAJOPATTI, P.S. AND P.O. SITAMARHI, DISTRICT SITAMARHI, HEADMISTRESS GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 10. SHRI BAIDEHI SARAN RAI, S/O RAM BARAN RAI, VILLAGE AND P.O. BHITHA DHARAMPUR, P.S. PUPARI, DISTRICT SITAMARHI CLERK GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 11. SRI RAM RATAN THAKUR, S/O SRI DWARIK THAKUR, VILLAGE RAM NAGAR, P.O. AND P.S. PUPARI, DISTRICT SITAMARHI, PEON GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. 12. SRI ASHOK KUMAR SINGH, S/O BINDA KISHORE SINGH, VILLAGE AND P.O. SHAHPUR, P.S. BENIPATTI, DISTRICT MADHUBANI, PEON GAURI SHANKAR BAJRANG JALAN PROJECT GIRLS HIGH SCHOOL, PUPARI, SITAMARHI. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, SECONDARY EDUCATION, VIKASH BHAWAN, PATNA. 2 2. COMMISSIONER AND SECRETARY, SECONDARY EDUCATION DEPARTMENT, BIHAR, VIKASH BHAWAN, PATNA. 3. DIRECTOR, SECONDARY EDUCATION, BIHAR, VIKASH BHAWAN, PATNA. 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION TIRHUT DIVISION, MUZAFFARPUR. 5. DISTRICT EDUCATION OFFICER, SITAMARHI. ……………RESPONDENTS. ----------- 7 01.07.2009 Learned counsel for the petitioners submits that after filing of the writ application the respondents have started paying current salary of the petitioners. However, he submits that the arrears of salary of the petitioners have not yet been paid. Learned counsel for the State referring to paragraph 7 of the counter affidavit sworn by Deputy Director, Secondary Education and Annexure-A thereof submits that the District Education Officer, Sitamarhi has been directed to send the requisition of dues of the petitioners for release of fund for payment of arrears of salary to the petitioners. From Annexure-A, it appears that the same was issued on 08.05.2008 i.e. more than a year back. However, till today neither party has any instruction as to whether the arrears have already been paid to the petitioners or not. In view of the fact that there is no 3 dispute with regard to entitlement of the arrears of the salary of the petitioners, and some steps have been taken towards payment of the same to the petitioners, this Court considers it proper to dispose of the writ application with a direction to the respondents to take immediate steps for ascertaining the due arrears of salary of the petitioners and pay the same to them positively within a period of three months from today. In case, the District Education Officer, Sitamarhi has not send any requisition till now in response to Annexure-A he shall do so within a period of two months and thereafter, the Department shall release the necessary fund, as calculated and requisitioned, for payment of arrears of salary to the petitioners within one month from the receipt of the requisition positively. This Court directs to the concerned respondent to do so. The writ application is, accordingly, disposed of with the aforesaid directions. Arvind/ (J. N. Singh, J.)