IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13984 of 2009 1. MOST.PREMLATA DEVI W/O LATE SACHIDANAND CHOUDHARY VILL-MAHESHI, P.S- SULTANGANJ, DISTT- BHAGALPUR, PRESENTLY POSTED AS AN ASSISTANT TEACHER IN VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM HIGH SCHOOL SADHNA SADAN, SULTANGANJ, P.S-SULTANGANJ, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES, DEVELOPMENT DEPARTMENT, BIHAR PATNA 3. THE DIRECTOR, PRIMARY SECONDARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA 4. THE SECRETARY, BIHAR SANSKRIT EDUCATION BOARD, PATNA 5. THE CHAIRMAN, BIHAR SANSKRIT EDUCATION BOARD, PATNA 6. THE DISTRICT EDUCATION OFFICER, BHAGALPUR 7. THE SECRETARY MANAGING COMMITTEE OF VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM SANSKRIT HIGH SCHOOL SADHNA SADAN, SULTANGANJ, BHAGALPUR 8. THE HEADMASTER, VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM HIGH SCHOOL, SADHANA SADAN, SULTANGANJ, BHAGALPUR ----------- 02/ 22.01.2010 Petitioner was appointed as Assistant Teacher in Primary unit having qualification of Matric on 2.1.1981. Her service was approved vide order dated 28.8.1984 passed by the Secretary, Bihar Sanskrit Shiksha Board. Subsequently she enhanced her qualification by passing Shastri Examination in First Class and her services was adjusted against the vacant post in the Secondary unit. This was also approved vide order contained in Annexure -4. Petitioner was paid her salary till April, 2006. Payment of salary was stopped, but finally the Secretary, Bihar Sanskrit Shiksha Borad vide order dated 4.7.2007 contained in Memo No. 5063 directed the District Education Officer, - 2 - Bhagalpur for making payment of salary to the petitioner. Through this letter it was communicated that question relating to the approval of petitioner’s appointment against the post, she was working has been enquired and found to be correct. There are 7 approved posts in the school and the petitioner is working against sanctioned post, as such steps be taken for payment of her salary. Petitioner’s grievance is that though necessary orders has already been issued by the Secretary, Bihar Sanskrit Shiksha Board, to District Education Officer, Bhagalpur for making payment, but still payment of salary has been stopped, she has not been paid since May, 2006 till date. Factually, there is no dispute relating to petitioner’s appointment, approval of her service against sanctioned post and continuation on the post of Assistant Teacher in the concerned school. Already Bihar Sanskrit Shiksha Board has approved payment of salary, and issued direction to the Secretary, Bihar Sanskrit Shiksha Board for payment. I find there is no apparent reason for which payment should not be made to the petitioner. Accordingly, this application is - 3 - disposed of directing the District Education Officer, Bhagalpur and the Headmaster, Vikramshila Vaidik Sanskrit Primary cum High Court, Sadhna Sadan, Sultanganj to make payment of arrears of salary to the petitioner with effect from May, 2006 till date. Payment of her month to month current salary should also be continued. Payment must be made within four weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)