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2005 DIGILAW 496 (PAT)

Faiz Ahmad v. State Of Bihar

2005-05-06

SHIVA KIRTI SINGH

body2005
Judgment 1. Heard the learned counsel for the petitioner and the learned counsel for the State. 2. Petitioner filed this writ petition on 29.2.2000 to claim arrears of salary for the period of 17.2.1997 to 7.7.1997 while he was posted as an Assistant Teacher in Urdu at Ucha Vidyalaya Dwarikanagar, Muzaffarpur. According to the learned counsel for the petitioner the salary for that period could not be paid to the petitioner because there was no vacant post available in that school. From the materials annexed to the supplementary affidavit it is clear that now the concerned authorities including the Director (Secondary Education), Bihar, Patna and the District Education Officer, Patna, have accepted the case of the petitioner and have also passed suitable orders for paying his dues salary for the relevant period as per the absentee reported by the Headmaster of the said school. Bill of the due salary has also been submitted by the Headmaster of Shri Chandra High School Kurji, Patna where he is presently posted. That bill dated 9.3.2004 is said to be pending in Government Treasury at Patna only on the certain technical objections of delay and also on the ground that order of the High Court has not been annexed with the bill. 3. A copy of the bill has been annexed as part of Annexure-13 which shows that the Headmaster of High School Kurji has given necessary certificates referring to the order of the higher authority and indicating that case in the matter is pending with the High Court. It is unfortunate that even after coming to know that the writ petition is pending for the dues of salary for the relevant period, Treasury Officer at Patna has chosen to insist upon first obtaining order of this Court. If such course of action is allowed this Court will be unnecessary overburdened. The concerned Treasury Officer is warned to be more careful in future. Copy of this order should be forwarded to the Secretary, Department of Finance so that the relevant entry may be made in the service records of the concerned Treasury Officer. The Treasury Officer, Patna as well as the concerned respondents are directed to ensure that lawful dues of the petitioner are paid to him without any delay and in any case within six weeks from the date of communication/ production of this order. The Treasury Officer, Patna as well as the concerned respondents are directed to ensure that lawful dues of the petitioner are paid to him without any delay and in any case within six weeks from the date of communication/ production of this order. Since the Departmental authorities have themselves passed favourable orders hence, it does not appear proper to saddle them with responsibility of paying interest. However, a consolidated amount of Rs. 1,000/- as compensation must be paid to the petitioner within a period of six weeks.