IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5369 of 2010 1. LAKSHMAN BISHWAS S/O LATE FAKIR BISHWAS R/O VILL.- KOCHAILI DAGARUA, P.S.- SADAR DAGARUA, DISTT.- PURNEA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. COLLECTOR, PURNEA 5. DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 6. BLOCK DEVELOPMENT OFFICER BLOCK DAGARUA, DISTT.- PURNEA 7. BLOCK EDUCATION EXTENSION OFFICER BLOCK DAGARUA, PURNEA 8. GRAM PANCHAYAT RAJ RAMPUR BLOCK DAGARUA, DISTT.- PURNEA, THROUGH ITS PANCHAYAT SECRETARY 9. MUKHIYA GRAM PANCHAYAT RAJ RAMPUR, BLOCK- DAGARUA, DISTT.- PURNEA 10. PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ RAMPUR, BLOCK- DAGARUA, DISTT.- PURNEA 11. HEAD MASTER, PRIMARY SCHOOL BAGULBARI, BLOCK- DAGARUA, DISTT.- PURNEA ----------- 2 04/01/2011 Petitioner has filed a writ application for direction upon the respondents to release his salary and pay arrears of salary since he is working as a Panchayat teacher in Primary School, Bagulbari, Block Dagarua, District Purnea. From annexure-7 which is a document and certification of the Principal of the School it is evident - 2 - that the reason for non payment of salary of the petitioner is his non passing of Intermediate examination within the so called prescribed period of 33 months. Submission of learned counsel for the petitioners is that it has already been held in many a decisions of this Court including a recent decision rendered in the case of Anu Kumari Vs. State of Bihar and others which is C.W.J.C. No. 10802 of 2009 decided on 13.10.2009, a copy whereof has been annexed as Annexure-3, that even though a period of 33 months was fixed for passing of the Intermediate examination but non passing of the same within the time frame will not create any impediment nor can the same be made a ground for removal of such persons. It is also evident from a reading of the said decision that similar policy decision has also been taken by the State subsequently and in view of the same it is evident that the reason for withholding the payment of the petitioner seems to be misplaced. This writ application is, thus, disposed of with a direction upon the Headmaster of the School (respondent no. 11) that he shall ensure payment of salary of the - 3 - petitioner forthwith preferably within a period of two months from the date of communication or production of a copy of this order. This writ application is allowed with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)