IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.2166 of 2008 Arjun Das, son of late Darshan Das, resident of Village Jichho, P.S. Jichho, Bishunpur, district Bhagalpur .. Petitioner Versus 1. The State of Bihar through the Secretary, Finance, Government of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Primary Education, Government of Bihar, Patna 4. The Divisional Commissioner, Bhagalpur 5. The District Magistrate, Bhagalpur 6. The District Education Establishment Committee, Bhagalpur, through it’s Chairman-cum-the Deputy Development Commissioner, Bhagalpur 7. The District Superintendent of Education, Bhagalpur 8. The Treasury Offi8cer, Bhagalpur 9. The Head Master, Middle School, Barari (Nagar Nigam), Bhagalpur 10. The Accountant General, Bir Chand Patel Path, Patna .. Respondents **** For the petitioner .. Mr. Purshotam Kr. Jha, Adv. For the respondents .. Mr. S.K. Mandal, S.C. XV **** /2/ 16.03.2009 Heard the counsel for the petitioner and the State. 2. This application has been filed by the petitioner for a direction to the respondents to make payment of arrears of salary from August, 1999, as well as to ensure the payment of petitioner’s month-to-month current salary. Petitioner’s case is that he was appointed initially on temporary post against - 2 - sanctioned vacant post of Peon in Middle School, Ganoul, Bihpur, Bhagalpur, vide letter no. 730-2-6, dated 02.05.1973. On 08.05.1973 he gave his joining and since then continuously discharging his duties. He received his salary till month of July, 1999, but, subsequently, without any rhyme and reason it was stopped. Neither any show cause notice was issued nor was any departmental enquiry initiated in this regard. In spite of several representations of the petitioner till date salary is not being paid to the petitioner. 3. Counter affidavit has been filed on behalf of the District Superintendent of Education, Bhagalpur, respondent no. 7. There is no denial of the counter affidavit regarding petitioner’s appointment against the sanctioned vacant post on 08.05.1973. However, it is stated that appointment was made by the District Superintendent of Education, Bhagalpur, who was not authorized to make such appointment after 01.01.1971 vide Departmental Circular No. 2106, dated 12.10.1982. It has not been stated in the counter affidavit that any departmental enquiry is going on against the petitioner relating to his appointment. This is strange that now the Circular of the Department issued in the year 1982 can have any application - 3 - with regard to any appointment made in 1973. It is a settled law that any executive instruction or order can not be made effective retrospectively. In the counter affidavit it has been stated that petitioner will get his salary as soon as the Director, Primary Education, will decide this issue. Payment of salary has been stopped to the petitioner since August, 1999, till date no decision has been taken. It is not in dispute that petitioner is still working as there is no such denial in the counter affidavit. A Government servant, who was appointed on a sanctioned vacant post and still continuing, can not be deprived his salary. Counsel for the petitioner has annexed the orders of this Court as Annexures 3 and 4 (C.W. J.C. No. 9013 of 2002 and C.W. J.C. No. 8478 of 2001) passed in similar matters. The direction of this Court was to the concerned authorities for making payment of salary without any delay. This direction was issued relying on the decision reported in 2002(3) P.L.J.R. 794 (Radha Kumari Vrs. The State of Bihar & Ors.) and 2001(3) P.L.J.R., 462 (Rampati Mishra & Ors. Vrs. The State of Bihar & Ors.). 4. On similar line this writ application is also being disposed off. The District Superintendent of Education, - 4 - Bhagalpur, as well as all concerned authorities are directed to make payment of arrears of salary to the petitioner, which has been stopped since August, 1999, payable to the petitioner. The petitioner is going to retire on 31st Match, 2009, all payments should be made to the petitioner before his retirement. 5. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J.)