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Patna High Court · body

2006 DIGILAW 159 (PAT)

Om Prakash v. State Of Bihar

2006-02-10

NARAYAN ROY

body2006
Judgment 1. Heard counsel for the parties. 2. The petitioner seeks direction upon the respondents to make payment of his due salary for the period he was waiting for posting with . effect from 2.9.1985 to 9.10.1985 and also for a direction to ensure his seniority with effect from the date of his joining. 3. Learned counsel for the petitioner submitted that the claim of the petitioner for payment of due salary was examined by the District Education Officer, Bhojpur, who vide order, as contained in annexure 7, requested the Deputy Director (Appointment Section), Secondary Education, Government of Bihar, Patna to make payment of due salary to the petitioner for the period he was waiting for posting for no fault of his own in between 2.9.1985 and 9.10.1985 treating him in services and the letter, as contained in annexure 7, is dated 7.7.1993. It is also submitted that till date, the due salary of the petitioner, as referred to above, has not been paid to him. 4. From annexure 7, prima facie, it is evident that the claim of the petitioner has been accepted as admissible. On this account, necessary payment was required to be paid to the petitioner, unless any contrary decision would have been taken by the Deputy Director, Secondary Education, Government of Bihar, Patna, to whom letter, as contained in annexure 7, was addressed. 5. No counter affidavit has been filed on behalf of the respondents. 6. In the given facts and circumstances of the case, the respondent authorities are directed to make payment of the due salary of the petitioner for the period he was waiting forposting forthwith and not beyond a period of four weeks from the date of receipt/production of a copy of this order. 7. So far the ancillary prayer of the petitioner is concerned, he may represent before the respondent authorities, which would be considered and disposed of in accordance with law. 8. With the direction/observation aforesaid, this application is disposed of.