IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13999 of 2002 SUSHILA KONGARI, D/o late Ajub Kongari, Assistant Teacher Ursuline Convent Girls High School, Purnia … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Finance Department, Govt. of Bihar, Patna 3. The Secretary, Secondary and Primary Education, Govt. of Bihar, Patna 4. The Director, Secondary Education, New Secretariat, Bailey Road, Patna 5. The District Education Officer, Purnia … Respondents ----------- 4. 1.7.2010 Heard Mr. Rajendra Prasad Singh, learned Senior counsel for the petitioner and the counsel for the State. The prayer of the petitioner is for payment of salary for the period April, 1999 to March, 2000 as also for January and February, 2001 and further from April, 2002 to July, 2002 and thereafter. Counsel for the State at the out set would submit that the claim of payment of salary of the petitioner is admitted and in fact it was on account of paucity of fund in the concerned financial year 1999-2000 and 2000-2001 that the payment of salary of the petitioner could not be made. He would submit that if the petitioner has not yet been paid such amount, (in view of the fact that the counter affidavit is quite old) the 2 petitioner’s grievance would be looked into by the District Education Officer and on the basis of bills presented by the Managing Committee of the minority school of the petitioner the payment will be made. Counsel for the State has also informed that the payment of salary of the petitioner from the month of April, 2002 to November, 2002 has been paid by cheque No. 328955 dated 24.12.2002. Recording such statement this Court would give liberty to the petitioner to approach the District Education Officer, Purnia who in view of the stand taken in the counter affidavit would pass necessary order for payment of admissible salary to the petitioner for the period it has not been paid as claimed in this writ application Such payment must be made within three months of filing of the representation by the petitioner alongwith a copy of this order and if for any reason the District Education Officer will refuse payment of salary of any part of the period claimed by the petitioner he will have to give reasons for the same. 3 With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/