IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7830 of 2009 RAJENDRA JHA, S/o Late Deo Narayan Jha, resident of Village-Panchvir, P.S.-Sahebpur Kamal, District-Begusarai. ……..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Department, Bihar, Patna. 3. Director, Primary Education, Bihar, Patna. 4. Accountant General, Bihar, Patna. 5. District Magistrate-cum-Collector, Begusarai. 6. District Education Officer, Begusarai. 7. District Superintendent of Education, Begusarai. 8. District Provident Fund Officer, Begusarai. 9. Block Education Officer, Sahebpur Kamal, within Begusarai. 10. Area Education Officer, Sahebpur Kamal, within Begusarai. 11. Head Master, Middle School Sanha Puwari Tola, Sahebpur Kamal, Begusarai. ………..Respondents. ----------- 3/ 12.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. By order dated 13.07.2009 a direction was given to the counsel appearing for the State for filing counter affidavit. Today, when the matter is taken up there is no counter affidavit and the counsel appearing for the State submits that he is not hopeful of getting any instruction and filing of counter affidavit, as such case is being disposed of without counter affidavit. Considering this the case is disposed of without any counter on behalf of the State. Petitioner has retired from the post of Teacher on 31.03.2008 while posted as teacher in Middle School, Sanaha Purbi, Sahbepur Kamal, District-Begusarai, he was put under suspension by order dated 29.08.2009. Suspension order was, - 2 - subsequently, revoked by order dated 03.10.2007. Petitioner’s case is that since, suspension order was revoked without initiating any departmental proceeding and imposing any punishment as such, he was entitled for full salary for the period of suspension. Despite, all his efforts and approach made to the authorities, he is not being paid full salary minus subsistence allowance. Subsequently, he was put under suspension by order dated 29.08.2009. His suspension was revoked by order dated 03.10.2007. His grievance is that, after revocation of suspension, petitioner was not paid his full salary for the period of suspension in between 03.10.2007 to 29.08.2009. Counsel for the petitioner submits that despite all efforts, payment of full salary for the period in between 03.10.2007 to 29.08.2009 has not been made, even though he has retired. This application is being disposed of giving direction to the District Superintendent of Education, Begusarai, for considering petitioner’s case in accordance with law. No departmental proceeding was initiated and suspension order revoked without any order of punishment, petitioner is entitled for full salary for the period 03.10.2007 to 29.08.2009. The District Superintendent of Education, Begusarai, will pass necessary orders in this regard and allow him full salary. The respondent will issue such order and make payment of entire arrears of - 3 - salary to the petititioner within eight weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)