IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5050 of 2010 1. MD.IMRAN HUSSAIN ANSARI S/O MD. IZHAR HUSSAIN ANSARI, VILLAGE RAMPUR DODAR, P.O - TAZPUR PATKHOULIYA, P.S - KESARIYA, DISTRICT - EAST CHAMPARAN AT MOTIHARI. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. DISTRICT MAGISTRATE EAST CHAMPARAN AT MOTIHARI 4. DISTRICT PANCHAYATI RAJ OFFICER, EAST CHAMPARAN AT MOTIHARI 5. BLOCK DEVELOPMENT OFFICER BLOCK KESARIYA, DISTRICT - EAST CHAMPARAN AT MOTIHARI 6. SARPANCH, GRAM KACHAHARI TAZPUR PATKHANLLIYA, BLOCK KESARIYA DISTRICT - EAST CHAMPARAN AT MOTIHARI 7. PANCHAYAT SECRETARY, TAZPUR PATKHANLLIYA, BLOCK KESARIYA DISTRICT - EAST CHAMPARAN AT MOTIHARI ----------- 2. 15.11.2010 Heard learned counsel for the petitioner and the State. The petitioner claims to have been selected as Secretary Gram Kachahari, Tazpur Patkhouliya and was issued an appointment letter dated 17.12.2007 to submit his joining which he did on 18.12.2007. It is submitted that the petitioner continues to discharge duties but the Sarpanch was not confirming his joining leading to denial of salary. If the petitioner has been selected and appointed, has joined duties and his selection and appointment is not in question, he is discharging duties, salary becomes a statutory right. Let the District Magistrate examine matters and if he is satisfied that the salary of the petitioner 2 has been wrongly withheld, he shall not only direct payment of the legitimate dues but shall also issue notice to the person concerned to whom the withholding of the salary is attributed and after hearing him shall proceed to pass appropriate orders for recovering the cost which the State may have incurred in defending the present writ application. Let such appropriate orders on both aspect be passed by the District Magistrate within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order before him. The writ application stands disposed. P. Kumar (Navin Sinha, J.)