Release of salary must be based on valid grounds; previous orders halting payments invalid after their resolution.

ORAL ORDER

15 18-12-2025 Heard learned counsel for the petitioners and the learned counsel for the respondent-State.

2 The petitioner, in the present writ application has prayed for grant of the following reliefs:

“(i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the arrears of salary to the petitioners since November, 2013 to till date as well as current salary without any further delay even though the petitioners are discharging their duty as Panchayat Teachers in the respective schools without any hindrance.

(ii) For issuance of an appropriate writ in the nature of certiorari for quashing the order as contained in Memo No 3229 dated 20.12.2013 issued under the signature of the District Magistrate, Saran, Chapra by which the payment of salary of the petitioners is being stopped even though the contempt bearing MJC No 5591 of 2012 (Narendra Pratap Mishra -Versus- The State of Bihar and Others) has been disposed of and also for quashing the consequential Memo No 7095 dated 31.12.2013 issued by the District Proramme Officer, Establishment, Saran by which he has communicated the Block Development Officer, Manjhi, Block Education Officer, Manjhi, Mukhiya/Panchayat Secretary, Gram Panchayat Raj Ghorhat, Block – Manjhi, District – Saran for compliance of the order of the District Magistrate, Saran, Chapra.

(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to implement the order of the Member, District Teachers Employment Appellate Authority, Saran, Chapra passed in Case No 852 of 2009 and the same is still existing and also the order passed by this Hon’ble High Court dated 01.03.2012 passed in CWJC No 4034 of 2012 (Parshuram Yadav -Versus- The State of Bihar and Others) by which this Hon’ble High Court has been pleased to specifically direct the District Programme Officer, Establishment, Saran to implement the order of the District Teachers Employment Appellate Authority, Saran, Chapra.

(iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to implement the order of the Principal Secretary, Education Department, Government of Bihar, Patna vide letter No 307 dated 17.06.2015 in which he has specifically directed that if the teacher is working, his payment will not be withheld on any ground taking humanitarian consideration.

(v) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners will be found entitled in the facts and circumstances of the case.”

3 During the course of the argument, learned counsel appearing for the petitioners draws the attention of this Court to the order passed by the District Magistrate, Saran Chapra dated 20.12.2013 (Annexure 11) by which direction was issued to stop the payment of salary of the petitioners. The said order is quoted herein below for needful:

vkn's k “,e0ts0lh0 la0 5591@2012 ujsUnz izrki feJk ,oa vU; cuke fcgkj jkT; ,oa vU; fnukad 11-12- 2013 dks ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr vkns'k ds vuqikyu esa 18-12-2013 dks v/kksgLrk{kjh Lo;a O;fDrxr :i ls ekuuh; mPp U;k;ky; esa mifLFkr ekuuh; mPp U;k;ky; us bl okn ls lacaf/kr xzke iapk;r jkt ?kksjgV] iz[kaM ekW>h ds iapk;r f'k{kdksa dk osru rRdky izHkko ls can djus dk vkns'k fn;k gSA vr% ftyk dk;ZØe inkf/kdkjh ¼LFkkiuk½] lkj.k]

Nijk dks vkns'k fn;k tkrk gS fd ekuuh; U;k;ky;] iVuk ds mDr vkns'k ds vuqikyu esa bl okn ls lEcfU/kr xzke iapk;r jkt ?kksjgV] iz[kaM ekWa>h ds iapk;r f'k{kdksa ds osru Hkqxrku ij rRdky izHkko ls] ekuuh; mPp U;k;ky; ds mDr vkns'k dks fu"izHkkoh fd;s tkus rd jksd yxkuk lqfuf'pr djsaA

4 In the aforesaid order passed by the District Magistrate, Saran, Chapra, reference has been made to the order dated 18.12.2013 passed in MJC No 5591 of 2012 and it is based on this order passed in the MJC that the payment of salary to the petitione