IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1496 of 2007 Anuj Kumar Sharma, son of Sri Ramawatar Sharma, resident of village + P.O. Diha, P.S. Sheikhpura, District Sheikhpura, at present posted as Assistant Teacher, in Middle School, Aliganj, Anchal Islam Nagar Aliganj, District Jamui … Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Human Resources, Govt. of Bihar, Patna 2. The District Magistrate, Jamui 3. The District Superintendent of Education, Jamui 4. The Area Education Officer, Jamui 5. Rajendra Singh Yadav, son of Sheetal Das Yadav, Incharge, Headmaster, Middle School, Aliganj, Anchal Aliganj Islam Nagar, District Jamui … Respondents ----------- 2. 28.7.2011 Heard counsel for the parties. Having regard to the fact that the grievance of the petitioner as raised in this writ application has almost been redressed, this Court would now only direct the Collector of Jamui District to examine the limited issue as to whether in the month of January the School was closed due to excessive cold in between 3rd January to 9th January. If it is found that there was a valid order for closure of the school from 3rd to 7th January which was further extended for a couple of days, the Collector would direct for payment of salary of the petitioner and other teachers, who have been 2 deprived from such payment on account their being absent from duty for a period of five days i.e. from 5.1.2007 to 9.1.2007. The Collector while doing so must keep in mind that literally the absence is only two days, inasmuch as under the written order of the Collector all the schools of the District were closed upto 6th and thereafter as cold had still persisted, the schools remain closed even thereafter for three more days. This Court believes that if the Collector would find that there was no laches on the part of the petitioner he would direct for payment of salary. If, however, the Collector finds such absence of the petitioner to be uncondonable for the purposes of payment of salary he would direct for the said period to be adjusted in any admissible leave so that the petitioner gets payment of salary by way of leave. In order to expedite the matter this Court would direct the petitioner to file a self contained representation before the Collector of Jamui District who would thereafter pass his orders within a period of three months from the date of receipt/ 3 production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/