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Patna High Court · body

2008 DIGILAW 421 (PAT)

Sawalia Bihari Dwivedy v. State Of Bihar

2008-02-27

MIHIR KUMAR JHA

body2008
Judgment 1. Reference may be made to the order dated 26.7.2007 and subsequent order dated 4.2.2008. 2. In compliance of the orders, Principal Secretary, Human Resources Development Department, the Director of Primary Education and the District Superintendent of Education, Saran are present. 3. A second supplementary counter affidavit has been filed wherein it has been stated by the Principal Secretary of Human Resources Development Department himself that as far as difference of salary for the period 1971 to 1973 is concerned now there are no pending cases in any of the districts. To verify this fact and to make a categorical statement to this effect he has relied on a undertaking by all the District Superintendents of Education of thirty one districts of the State of Bihar. In that view of the matter as with regard to the grievance of the petitioners and other teachers of the primary/middle schools relating to difference of salary for the period 1971 to 1973 seems to have been ultimately redressed. 4. It is, however, made clear that in case any of the Primary Teacher of the State who has not yet been paid his difference of salary for the period 1971 to 1973 approaches the concerned District Superintendent of Education, he will not only take immediate action for making payment of the difference of salary amount but also give explanation as to how his case was left out and a wrong undertaking was submitted by him or his advice to the Principal Secretary leading to filing Annexure-C to the supplementary counter affidavit. 5. The Principal Secretary present in court has also informed that so far clearing of the amount of suspense account and payment to the concerned teachers is concerned, the matter is still not finally concluded inasmuch as it requires a fund of Rs. 3 crores approximately and for which requisition has already been made to the Finance Department. He further submits that it is expected that by 31.3.2008 such amount will be released by the Finance Department and consequently, payment be also made. 6. 3 crores approximately and for which requisition has already been made to the Finance Department. He further submits that it is expected that by 31.3.2008 such amount will be released by the Finance Department and consequently, payment be also made. 6. This Court records aforementioned undertaking of the Principal Secretary of the Human Resources Development Department and makes, it clear that in case for any reason whatsoever such payment of the amount of suspense account of the teachers is not made by 31.3.2008, he will himself file an affidavit in the court explaining this fact so that if necessary any order can be passed. 7. With the aforementioned observation/direction this proceeding is dropped. 8. Personal appearance of all the persons is also dispensed with.