IN THE HIGH COURT OF JUDICATURE AT PATNA C.W. J.C. No. 126 of 2003 Kripanand Singh, son of Sri Indra Nand Singh, Resident of village Teghra, P.S. Bakhtiyarpur, District Saharsa .. Petitioner Versus 1. The State of Bihar 2. The Director, Secondary Education, Budh Marg, Patna 3. The Deputy Director of Education, Secondary Education, Budh Marg, Patna 4. The Additional Director of Education, Koshi Division, Saharsa, 5. The District Education Officer, Saharsa 6. The Head Master, Ganga High School, Maina, Saharsa .. Respondents **** /6/ 03.03.2009 Heard the counsel for the petitioner and the State. 2. This is the second round when the petitioner approached this Court for similar prayer, i.e., for a direction to the respondents to make payment of his salary for the period 24.02.1986 to 16.07.1991. Earlier petitioner had filed C.W. J.C. No. 16087 of 2001 for similar relief. This writ application was disposed off with observation that petitioner may renew his claim by filing fresh representation, along with copy of this order before the Director, Secondary Education, Bihar, Patna. The Director, Secondary Education, was directed to examine the grievance of the petitioner and pass appropriate order disposing off his representation without any 2 delay and two months was fixed for passing such orders. In this order it was also mentioned that in case it is found that the petitioner was unable to join due to defective order of posting and he is not at fault for not being able to join any post during the period in question, there is no reason to deny him the salary for the mistake committed by the departmental officials. It was also directed that in case it is found that the petitioner is entitled for payment of salary, he should be paid all lawful dues without any delay. Subsequently, by the impugned order, contained in Annexure 9, representation of the petitioner has been rejected. Present writ application has been filed for quashing the order passed by the Director, Secondary Education, contained in Memo No. 608, dated 21.09.2002, as well as for a direction to make payment of the salary. 3. The impugned order has not been passed in compliance of the direction of this Court. Direction of this Court was to consider whether petitioner was unable to give joining at the place of his posting, i.e., at High School, Kisko, Lohardagga, on 95.02.1986 because of the defective order or the mistake committed by the officials. Petitioner in support of his claim had produced the order of the Head Master of the 3 School declining to accept his joining on the ground that there is no vacancy available in his school. No finding has been recorded in the impugned order that there was no such reason and petitioner intentionally did not join for all these years. The ground which has been mentioned for not allowing payment of salary to the petitioner is a new ground which was not under dispute and for which remand order had not been passed. 4. By order, dated 11.03.2003, when the matter was taken up for admission, the Director, Secondary Education, was specifically directed to swear affidavit and file counter affidavit after verifying the facts from the record. Director has not filed any counter affidavit. The Deputy Director, Secondary Education, has sworn affidavit to the statement made in the counter affidavit where it is stated that claim of the petitioner was rejected on the ground that earlier he was appointed as an Assistant Teacher vide Memo No. 400-548, dated 05.02.1986, he was posted at High School, Kisko, Lohardagga, but, he did not join there till 16.07.1991. Since, he has not worked in any school he is not entitled for any salary for the period 24.02.1986 to 16.07.1991. 4 5. There is no whisper in the counter affidavit that on verification of record the claim of the petitioner regarding defective letter of posting is not found correct and denial by Head Master and the continuous waiting for posting was incorrect. Petitioner has annexed the letter whereby of the Principal of that school refused his joining. Other statement made by the petitioner has also not been denied. 6. Considering all this fact, the impugned Annexure, contained in Memo No. 608, dated 21.09.2002, is quashed. The Director, Secondary Education, is directed to make payment of petitioner’s salary for the period 24.02.1986 to 16.07.1991. Payment must be made within two weeks from the date of presentation/communication of the order. 7. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )