IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4932 of 2009 VIJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2/ 18/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The only claim in this writ application is for payment of salary from April, 2007 till now. The petitioner claims to have been selected and appointed as a Panchayat Teacher on 28.3.2007 and joined as such on 2.4.2007 at the Navsrijit Prathmik Vidyalaya Jaipura Harijan Tola, Madhepura. Despite representations her salary is still not being paid. Article-23 of the Constitution prohibits “Begar”. Non-payment of salary violates Article-23. Surely the State would not like to violate Article-23 of the Constitution. This writ application is disposed with the direction that the petitioner shall file a representation before the Principal Secretary, Department of Human Resources Development, Government of Bihar. Any such application shall be considered and disposed of by a reasoned and speaking order within three weeks from the date of its presentation. While disposing of the 2 representation the authority shall adequately take into consideration that if the petitioner is found entitled to the salary or any part of the salary and there be no plausible explanation in law for non-payment, the issue of interest to be paid from the salary of the erring official shall equally form part of the order of the authority. In the event that the salary is to be denied or any part thereof, a reasoned and speaking order shall be passed. There are several writ applications before this Court on issues of salary with regard to teachers. Salary is a right if a person is performing duties. It can be denied in accordance with law if circumstances exist for the same. In either event a claim for salary requires examination of records. If a Government servant files a representation with regard to arrears of salary or non- payment of salary, this court finds it difficult to appreciate the non-consideration of the representation by putting it in a cold storage and waiting for the citizen to bring an order from the High Court for consideration of the representation. This is the duty of the authorities. No orders from the Courts are required for this purpose. It is only after adjudication on the claim is done and a citizen has a grievance that a matter may come to the Court. The tendency of the authorities to sit back and await 3 directions of the High Court is deplorable. This Court expects that the Principal Secretary shall issue necessary directions at the Government level that in all such cases with regard to teachers where salary is not to be paid for one reason or the other and a representation has been filed, there shall be no need for the citizen to bring an order from the High Court for consideration of the representation for payment of salary. Should the occasion arise and this Court be required to consider any fresh applications on that basis, the Court may be inclined to view the matter very seriously of casting frivolous burdens on the High Court by sheer inaction on part of the authorities. The writ application stands disposed. Let a copy of the present order be sent to the Principal Secretary, Department of Human Resources Development, Government of Bihar. KC (Navin Sinha, J.)