IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6231 of 2008 Chandeshwar Ram, son of Late Jhagru Ram, Assistant Teacher, Railway Balak Middle School Neura Colony Khagaul, Danapur-2, Patna, resident of Mohalla Bari Khagaul, P.O. and P.S. Khagaul, District Patna……Petitioner Versus 1. The State Of Bihar through the Secretary- cum-Commissioner, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Patna Collectoriate Compound, Patna. 4. Area Education Officer, Danapur, Patna. 5. The Head Master cum Drawing Disbursing Officer, Nagar Palika Middle School, Khagaul, District Patna. 6. The Head Master, Railway Balak Middle School, Neura Colony, Khagaul, District Patna……………………………………………………………………Respondents ----------- For Petitioner: Mr. Nand Kumar Singh, Advocate For the State : Mr. R.R. Tiwari, A.C. to A.A.G.12 2 26.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The earlier writ application of the petitioner was disposed of with liberty to the petitioner to file a representation before the Director, Primary Education, Government of Bihar, Patna for payment of arrears of salary. Accordingly, he filed representation which was considered and disposed of by the Director, vide order dated 04.06.2007, as contained in Annexure- 2 14. The Director issued direction to the District Superintendent of Education to pay salary of petitioner of the period he had actually worked, within 15 days and for rest of the period, he directed that the same should be adjusted against admissible earned leave/extraordinary leave of the petitioner. Learned counsel for the petitioner submits that though in his representation petitioner had given details of his posting and working, District Superintendent of Education has not considered the same and has passed orders for payment of salary of only two months, vide Annexure-21. He submits that with regard to actual period of working of petitioner, District Superintendent of Education should have given an opportunity to him to show as to for what period and at what place, petitioner had rendered service. From the order of the District Superintendent of Education it does not appear that this opportunity was given to him. It only shows that on the basis of some absentee report he passed the orders 3 for payment of salary of only two months and posted him. In the circumstances, this Court considers it appropriate that if petitioner files a representation before the District Education Officer, Patna along with supporting documents to establish period of his actual working, within four weeks from today, the District Education Officer should consider the same and, if he is satisfied that petitioner had actually worked during the aforesaid period, should pass order for payment of his salary of the remaining period also. An enquiry in this regard should be held and an appropriate order should be passed by the District Education Officer within two months from the date of filing of the representation. This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)