IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9912 of 2009 SMT.DHARMAWATI PANDEY wife of late Kapilmuni Pandey, Mohalla Lekhnagar, Khagaul Road, near D.A.V. School, Khagaul, Danapur, Patna. Versus 1.THE STATE OF BIHAR 2.The Principal Secretary, Human Resources Development Deptt., Bihar, Patna 3.The Principal Secretary, Deptt. of Finance, Bihar, Patna 4.The Director, Primary Education, Bihar, Patna 5.The Director,State Council for Educational Research and Training, Mahendru, Patna. ----------- 2. 18.8.2009. The petitioner is aggrieved by order passed by Director, Primary Education, Bihar, Patna bearing memo no.1538 dated 12.12.2008, annexure-1, whereunder salary for the period 17.6.1984 till 11.5.1993 has been withheld with further direction to the petitioner to apply for extraordinary leave for the aforesaid period. Counsel submits that aforesaid direction of the Director, Primary Education, Bihar, Patna, has been passed bereft of the relevant facts as under office order passed by Director, State Council for Educational Research and Training, Bihar, Patna bearing memo no.278C dated 13.5.1985, the petitioner was transferred to Dhanbad where his joining was not accepted and he reported back to the office of the Director SCERT on 18.5.1985 and continued in his office until Director, Primary Education, Bihar, patna passed order bearing memo no.299 dated 10th May, 1993, annexure-7, pursuant thereto petitioner joined in the office of Subdivisional Officer, Siwan on 11.5.1993 and was paid salary. In the light of the aforesaid facts it is submitted that for the period between 17.6.1984 till 11.5.1993 salary could not be withheld as during the said period he was always available in the office of the Director, SCERT and for no fault of his own he remained - 2 - without posting during the said period. Let the petitioner file a representation against the order dated 12.12.2008, annexure-1, before the Principal Secretary, Human Resources Development Department, Bihar, Patna, respondent no.2 mentioning the aforesaid fact that during the period 17.6.1984 till 11.5.1993 he always remained present in the office of the Director, SCERT and for not providing him with place of posting during the said period he could not be held responsible. .The Principal Secretary, Human Resources Development Department, Bihar, Patna, should consider the representation in accordance with law as early as possible in any case within one month from the date of receipt/production of a copy of this order. Md.S. (V. N. Sinha, J.)