Jay Krishna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.630 of 2023 ====================================================== 1.

Jay Krishna Jha Son of Late Shrikant Jha, resident of Mohalla- Brahaman Tola, Dagarpar, P.S.- Barbigha, District- Sheikhpura. 2.

Gopal Krishna Jha, Son of Late Umakant Jha, resident of Samachak, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Old Secretariat, Patna. 2.

Additional Chief Secretary, Education Department, New Secretariat, Patna. 3.

District Education Officer, Sheikhpura.

4.

District Programme (Establishment) Officer, Education Department, Sheikhpura.

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

For the Petitioner/s :

Mr. Pratap Sharma, Adv.

For the Respondent/s :

Mr. Madhaw Pd. Yadaw (GP 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 03-02-2023 Heard the parties through virtual mode.

1. The petitioner by way of this writ petition has prayed as under :- " 1. That this writ petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions for the payment of salary to the petitioners from September 2022 upto till date which has been with held by respondent No. 4 without any rhyme and reason by ignoring the vital aspect that the petitioners are discharging their duty and not departmental proceeding is pending nor any kind of enquiry is pending against them and for the other necessary relief/reliefs on the basis of facts and circumstances of the case."

Patna High Court CWJC No.630 of 2023(2) dt.03-02-2023 2/2

2. Admittedly, the petitioner is a Block Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 29 U