DEVAKI TIRKE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this writ application the petitioners have prayed for issuance of necessary directions upon the respondents for payment of salary which has been withheld since May 1999.

(3.) A counter -affidavit has been filed by respondent Nos. 4 and 5 who are the District Education Officer and the Headmaster of the school stating inter alia that petitioners have been posted on transfer on the post created as planning post. After April 1999, the allotment of funds for payment of salary to the employees of these posts has not been made by the State Government. As such their salary could not be paid. It is further stated that respondents received allotment for payment of salary to the petitioner from the month of March to July 2000. So far payment of arrears of salary for the month of May 1999 to February 2000 is concerned, this respondent is not in a position to pay them salary for that period, unless the amount is received from the State Government.