Raghu Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2456 of 2020 ====================================================== Raghu Bhushan Prasad Son of Sri Shashi Ranjan Prasad, Resident of Mohalla- K.M. Tank, Laheriasarai, Post and Police Station- Laheriasarai, District- Darbhanga. ... ... Petitioner.

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The District Program Officer (Establishment), Darbhanga. 4.

The Block Education Officer, Kiratpur, District- Darbhanga. 5.

The Block Education Officer, Kiratpur, District- Darbhanga. 6.

The Head Master, Primary School Bagharas (East), at Block Kiratpur, District- Darbhanga.

... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Respondent/s :

Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-05-2024 Heard learned counsel for the parties.

2.

Learned counsel for the petitioner filed a copy of the appeal filed before the State Appellate Authority. Let the same be kept on record.

3. By the present writ application, the petitioner seeks a direction to the respondents to make payment of his salary from January, 2013 till date in compliance of the order dated 06.08.2019 passed by the learned District Appellate Authority, Darbhanga in Appeal No.02/2016 and also for an appropriate action against the respondents for violation of instructions issued under Memo No.580 dated 11.03.2019.

Patna High Court CWJC No.2456 of 2020 dt.07-05-2024 2/2 4.

Learned counsel for the petitioner submits that vide order dated 06.08.2019, the District Appellate Authority, Darbhanga, directed the concerned authority to make payment to the petitioner but when the payment was not made to him, he filed a writ application before this Court.

5.

During the pendency of the writ application, the payment was made to the petitioner but the Authorities moved against the order of the District Appellate Authority, Darbhanga and filed an appeal bearing Appeal No.23 of 2023, before the State Appellate Authority. He further submits that the District Appellate Authority passed the order in favour of the petitioner in the year 2019, but, belatedly, i.e. after a lapse of four years, the authorities moved before the State Appellate Authority against the order passed by the District Appellate Authority.

6. In such view of the matter, this writ application is disposed of with a direction to the State Appellate Authority to dispose of the appeal filed by the authorities by a reasoned and speaking order after affording proper opportunity of hearing to the petitioner within a period of two months positively. (Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.05.2024 Transmission Date NA