IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1000 of 2006 RAM TAWAKYA SHARMA, son of Late Ramdhyan Sharma, Resident of Village-Bapra, P.S.-Rafiganj, P.O.-Barpa, Via-Deohara, District- Aurangabad. ……..Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary-cum-Commissioner, Human Resources Department, New Secretariat, Patna. 3. The Director, Primary Education, New Secretariat, Patna. 4. The District Superintendent of Education, Aurangabad, District- Aurangabad. 5. The Headmaster, Government Middle School, Sheikhpura, Anchal Goh, District-Aurangabad. ………Respondents. ----------- 02. 04.01.2011 The petitioner claims his increments and salary for the period between 2003 to 2005 as the petitioner superannuated as an Assistant Teacher on 31.01.2005. The detailed claim of the increment is from September, 2003 to August, 2004 at the rate of Rs. 150/- per month and from September, 2004 to January, 2005 at the rate of Rs. 300/- per month though the claim of increment with regard to September, 2002 to October, 2002 has been made in the writ petition but now the petitioner does not press the same since it has been paid to the petitioner. So far as the claim of salary is concerned, petitioner claims his salary from January, 2004 to April, 2004 and July, 2004 to 15th August, 2004. The salary for 2 the period 16.08.2004 to 15.10.2004 and 04.11.2004 to 26.11.2004 has been claimed on the ground of medical leave whereas the salary for the period 16.10.2004 to 03.11.2004 and 27.11.2004 to January, 2005 have been claimed since the petitioner was on deputation. So far as the payment of increments and salary from September, 2003 to August, 2004 and September, 2004 to January, 2005 are concerned, the State has taken its stand in para 7 of the counter affidavit which reads as follows:- “That with regard to statement made in paragraph no. 7 of the writ application it is stated that false statement has been made by the petitioner and he himself is responsible for the period September, 2003 to August, 2004, September, 2004 to January, 2005 since the petitioner deliberately has not signed the acquitance roll for the aforesaid periods, hence the deponent is unable to realize the same to the petitioner. In this regard deponents humbly submits that the moment petitioner will come to sign the acquitance roll the same will be paid. So far his arrears of increment of salary for the period September, 2002 to October, 2002 is concerned, it is stated the same has already been paid to the petitioner which is also evident from the acquitance roll of the month September, 2002 and October, 2002, on which after putting signature, the said amount has already been received by the petitioner”. In view of the stand of the State, petitioner is ready to sign on acquitance roll and it is expected that the 3 said amount will be paid within a period of four weeks of the receipt of the order of this Court. So far as the salary from January, 2004 to April, 2004 is concerned, it is mentioned in para 8 of the counter affidavit that the salary was transmitted to the Headmaster, Primary School, Ajan(Goh) and subsequently the salary was withdrawn by the Assistant Teacher, Ram Pujan Sharma and receiving has been annexed as Annexure-B to the counter affidavit. It is submitted by learned counsel for the petitioner that the said salary has not been received by the petitioner. Moreover the salary ought to had been transferred to the petitioner’s account and it ought not to had been received by any Assistant Teacher. To that extent, learned A.A.G. Mr. Anjani Kumar submits that on enquiry if it is found that the payment of salary from January, 2004 to April, 2004 has not been made to the petitioner then the said payment will be made to the petitioner after recovering the amount from the concerned teacher within a period of 12 weeks of receipt of the order. In view of the stand taken by the State in para 7 of the counter affidavit, the writ application stands disposed off with the directions made above. Shageer (Dinesh Kumar Singh, J.)