IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1746 of 2003 ACHYUTA NAND MISHRA, S/o Late Sitaram Mishra, R/o Village- Mishra Chhapra, P.O.-Biswar, P.S.-Guthani, District- Siwan. At present posted as an Assistant Teacher in Govt. Primary School Dubba(Darauli) Anchal- Darauli, District- Siwan. Versus 1. THE STATE OF BIHAR 2. The District Education Establishment Committee through its Chairman, the District Magistrate, Siwan, District- Siwan. 3. The District Superintendent of Education, Siwan, District- Siwan. 4. The Treasury Officer, Siwan, District- Siwan. 5. The Headmaster of the aforesaid petitioner school cum-Drawing and Disbursing officer of the petitioner school Govt. Primary School Dubba, Anchal-Darauli, District-Siwan. ………… Respondents. ----------- 3. 26-07-2010 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner in this writ application relates to payment of his arrear of salary and dearness allowance for the months of November, 2000 to February 2001, January, 2002 to February, 2002 and July 2002 to February, 2003. Mr. Umesh Kumar Mishra, learned counsel for the petitioner would submit that at present he is not aware as to whether the petitioner has been given such amount or part thereof as claimed in this writ application. Learned counsel for the State is also not in a position to explain the situation because neither he has any instruction nor has he filed any counter affidavit despite indulgence given to him by order dated 3.3.2003. In that view of the matter it would be futile to keep this writ application pending inasmuch as such claim of the petitioner has to be at least examined by the District Superintendent of 2 Education, Siwan for recording a finding as to whether the petitioner, a government servant, is entitled for his payment of salary dues as also dearness allowance and whether he could be deprived of such payment as claimed by him in this writ application. That being so, this court would give liberty to the petitioner to raise his claim before the competent authority i.e. District Superintendent of Education, Siwan, who would pass his final order, on the representation filed by the petitioner enclosing a copy of the order of this court, within a period of six months from the date of its being filed before him. If the amount claimed by the petitioner in this writ petition is found to be admissible as a whole or part thereof, the respondents also must tender its actual payment to the petitioner within next three months of such order passed by the District Superintendent of Education, Siwan/the competent authority. If however for any reason such claim of the petitioner is not accepted by the competent authority/ District Superintendent of Education, Siwan the respondent would be under obligation to spell out the reasons for rejection of claim of the petitioner. However, it is made clear that this court has not expressed any opinion on the merit of claim of the petitioner and therefore it would be open for the respondents to pass any order strictly in accordance with law. With the aforementioned observation and direction this writ petition is disposed of. Sujit (Mihir Kumar Jha, J)