S.J.MUKHOPADHAYA, J. - (1.) THE petitioner having not received salary from January, 1994 onwards moved before the authorities. The Director, Primary Education, Government of Bihar, Patna rejected the claim by an order dated 4th August, 1997 communicated vide memo dated 6th August, 1997, The petitioner challenged the aforesaid order before this Court in CWJC No. 502/98(R). In the said case, the Court noticed the stand taken by the respondents and taking into consideration the fact that the Director Primary Education, Bihar, Patna failed to decide the question as to how the period is to be counted as per the provisions of Bihar Service Code and salary to which the petitioner would be entitled remitted the matter to the Director, Primary Education, Bihar, Patna to pass a reasoned order vide Courts order dated 3rd August, 1999.
(2.) INSPITE of such direction no decision was taken by the Director, Primary Education, Bihar, Patna till a Contempt Proceeding was preferred by petitioner being Contempt Case (C) No. 483/2001 it is only thereafter the Director, Primary Education, Bihar, Patna passed the impugned order contained in Memo No. 439 dated 16th March, 2001. By the time final order was passed, in view of reorganization of the State since 15th November, 2000, the Director, Primary Education, Bihar, Patna though had no jurisdiction but it appears that in view of the contempt case he passed the order.
(3.) THE counsel for the respondents submitted that the petitioner after his transfer though relieved in January, 1994 but failed to report the transferred school for more than 5 years.;