IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.89 of 2003 1. Mahendra Paswan, Son of Late Bhuttu Paswan, Resident of Village Bharduha, P.O. Mehdanhi, P.S. Bhagwanpur, District Begusarai. 2. Bishundeo Prasad Singh, Son of Late Kirti Singh, Resident of Village Pali, P.S. Bhagwanpur, District Begusarai. 3. Ram Udgar Paswan, Son of Late Murat Paswan, Resident of Village & P.O. Sahuri, P.S. Birpur, District Begusarai. ----------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, New Secretariat, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The Secretary cum Commissioner, Department of Finance, Govt. of Bihar, Patna. 5. The District Magistrate, Begusarai. 6. The District Education Officer, Begusarai. 7. The District Superintendent of Education, Begusarai. 8. The Treasury Officer, Begusarai. ----------Respondents ----------- 3 02.07.2010 Heard learned counsel for the petitioners sand counsel for the State. The prayer of the writ petitioners in this writ application reads as below:- “1(I)For commanding the respondents to forthwith make payment of difference of salaries dues and other similar dues to the petitioners which have been fully detailed and described in the writ application.” Counsel for the petitioners would submit that there is no dispute of entitlement, inasmuch as, the counter affidavit filed by the District Superintendent of Education, Begusarai in 2 this case would bear it out that the claims of the petitioners have been admitted. He would, however, point out that there is an objection of the District Treasury Officer, Begusarai, who, under some government instruction, has refused to make payment of such amount, which was of a period prior to 1.4.2001. As noted above, the counter affidavit has been filed only by the District Superintendent of Education, Begusarai, who is supporting the case of the petitioners and the authority whose action has been questioned in this writ application, namely, District Treasury Officer, Begusarai or the superior officers of the Finance Department have not cared to file their counter affidavit. In that view of the matter, this Court would direct the respondent no.4, the Secretary cum Commissioner of the Department of Finance to examine the grievance of the petitioners and if he does not find any flaw in the claim already allowed by the District Superintendent of Education, Begusarai, he 3 would immediately direct for its payment by the Treasury Officer. In such exercise, the Secretary cum Commissioner of the Finance Department may also seek assistance from his counterpart i.e. Secretary of the Education Department for determining the admissibility of payment of the amount as claimed by the petitioners. In any event, such exercise must be completed within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)