Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2147 of 2018 ====================================================== Ashok Kumar Singh, Son of Sri Babu Ram Singh, Resident of VillageMahanthwa, P.O.- Chhitauna, P.S.- Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Education Officer, Gopalganj.

2. The District Education Officer Gopalganj.

3. The District Programme Officer Establishment, Gopalganj.

4. The Block Education Officer, Punchdevri.

5. The Panchayat Secretary, Gram Panchayat Raj Magahiya, P.O.- Chhitauna, P.S.- Kateya, District- Gopalganj.

6. The Headmaster, Upgraded Middle School, Magahiya, P.O.- Chhitauna, P.S.- Kateya, District- Gopalganj.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate Mr. S. K. Ranjan, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and State. Learned counsel appearing on behalf of the petitioner makes very fair statement before this Court that petitioner's grievance can be redressed by the respondents, as the issue involved in the present writ application is to enquiry as to the validity of the appointment of the petitioner and the fact that the petitioner has worked during the period, he is claiming salary. In view of the above, the writ application is disposed of with liberty to the petitioner to file representation before the District Programme Officer (Establishment), Gopalganj enclosing all the relevant documents and the District Programme Officer

Patna High Court CWJC No.2147 of 2018 (2) dt.12-02-2018 2/2 (Establishment), Gopalganj is required to examine the legality and validity of the appointment of the petitioner and also to examine the relevant records to ascertain whether the petitioner has worked during the period in question or not. In the event, the appointment of the petitioner is found legal and he has worked for the period, he has prayed for salary, the respondent District Programme Officer (Establishment), Gopalganj is required to take necessary step to ensure payment of salary to the petitioner within a maximum period of 60 days from the date of receipt/production of representation along with a copy of this order. It is made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner. It shall be the obligation on the respondents to examine the relevant records and take final decision in the matter.

(Anil Kumar Upadhyay, J) Uday/- U