FAIZ AHMAD Vs. STATE OT BIHAR

JUDGEMENT

(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.