TEJ NARAIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. As with regard to the solitary prayer of the petitioner for payment of his salary for the period from 21.11.1986 to 8.7.1996, Miss Mallika Mazumdar, learned counsel appearing on behalf of the petitioner has submitted that when the Director, Primary Education by order dated 21.11.1988 had already approved the appointment and service of the petitioner with a clear direction for payment of his salary w.e.f., the date of the order i.e. 21.11.1988 to 8.7.1996 there was no justifiable reason for withholding payment of salary of the petitioner. She has further submitted that once the respondents have made the order dated 8.7.1996, it would also be deemed that the petitioner had fulfilled the five conditions enumerated in the order of approval accorded by the Director of Primary Education dated 21.11.1988.

(2.) Learned counsel for the State on the other hand has pointed out that there is no clear averment in the writ petition as with regard to fulfillment of five conditions recorded in the order of Director of Primary Education and therefore, unless the competent authority is satisfied as with regard to the fulfillment of the five conditions enumerated in the order dated 21.11.1988, no direction can be issued for payment of salary to the petitioner.

(3.) In the considered opinion of this Court, the issue requires to be examined by the competent authority and since the petitioner has filed his representation which was also forwarded by the controlling authority namely, the District Superintendent of Education, Madhepura, this Court would direct the Director of Primary Education to examine as to whether the petitioner would be entitled for payment of his salary for the aforementioned period i.e., from 21.11.1988 to 8.7.1996. While examining such claim of the petitioner, the Director of Primary Education must be satisfied as with regard to fulfillment of the five conditions mentioned in the order dated 21.11.1988 namely:--