IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8696 of 2009 Bishundeo Prasad, son of Late Gajanand Prasad, resident of village + P.O. and P.S. Surajgarha, District- Lakhisarai, at present posted as Assistant Teacher in Kanya Primary School, Keshopur, Anchal- Jhajha, District- Jamui. …. Petitioner Versus 1.The State Of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, Patna 2.The Director, Primary Education, Bihar, Patna 3.The Regional Deputy Director of Education (R.D.D.E.), Munger Division, District- Munger 4.The District Magistrate, Jamui 5.The District Superintendent of Education-cum-Sub-Divisional Education Officer, Jamui 6.The Block Education extension Officer, Jhajha, District- Jamui 7.The Treasury Officer, Jamui ….. Respondents ----------- 2. 30/07/2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to pay his arrears as well as current salary since October, 2005 till date which has been withheld by order dated 25.10.2005 passed by District Superintendent of Education, as contained in Annexure-2 to the writ application. From Annexure-2 it appears that some enquiry was initiated in the matter of - 2 - appointment of the petitioner and others and the petitioner was asked to produce photocopies and certified copies of his service book, appointment letter etc. within two weeks, before the respondent District Superintendent of Education. It was also mentioned therein that in case petitioner does not submit those papers before the District Superintendent of Education, his salary will be stopped. It was also mentioned therein that the salary of the petitioner was stopped forthwith. Learned counsel for the petitioner submits that after the said order petitioner submitted his service book and photocopies and certified copies of the appointment letter etc. to the respondent District Superintendent of Education vide Annexure-3. However, till now no final order has been passed and no further action has been taken by the respondent District Superintendent of Education in the matter and the petitioner’s salary stands stopped since then. He draws the attention of this Court to a similar order passed by this Court on 23.6.2009 in C.W.J.C.No.6612 of 2009, as contained in annexure-6, wherein this Court held that since - 3 - no order of suspension was passed against the incumbent and the incumbent was allowed to continue in service, respondents were obliged to pay his salary. In case, the statement of learned counsel for the petitioner is correct in respect of the petitioner to the extent that subsequent to the said order dated 25.10.2005, as contained in Annexure-2, no action whatsoever has been taken by the District Superintendent of Education in the matter in any manner, petitioner is entitled for payment of his salary. In the circumstances, the District Superintendent of Education is directed to consider the case of the petitioner for payment of his salary of period October, 2005 onwards, in case no subsequent orders have been passed by any competent authority with regard to suspension of the petitioner or of withholding of salary consequent to any departmental proceeding initiated against him. In case, it is found that no proceeding is pending against the petitioner and the petitioner is being allowed to discharge his duties, respondent District Superintendent of Education shall pass specific - 4 - orders for release of his salary, arrears as well as current, from October, 2005 onwards preferably within a period of three months from the date of receipt/production of a copy of this order. With the above observations and directions, this application is disposed of. Pradeep/ (J. N. Singh, J.)