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Patna High CourtCWJC/18978/2017disposed

Kumari Gulab Sinha And ORS v. The State Of Bihar And ORS

2017-12-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18978 of 2017 ======================================================

1. Kumari Gulab Sinha, D/o Bangali Prasad, w/o Ranjit Kumar, r/o village- Madhepur, P.O. & P.S. Kashichak, District- Nawada, at present Astt. Teacher, Primary School, Maheshpur (Belar), P.S.- Kashichak, District- Nawada.

2. Chandan Kumar, s/o Sri Arun Kumar, r/o village- Jamuawan, P.O. Apsarh, P.S. Warisaliganj, District- Nawada, at present Astt. Teacher, Primary School, Jagdishpur (Kashichak), P.S.- Kashichak, DistrictNawada

3. Shambhu Kumar Sharma, s/o Chandrika Singh, r/o village- Gangta, P.O. Nemdarganj, P.S. Akbarpur, District- Nawada, at present Astt. Teacher, Primary School, Bhagwatpur, P.S.- Kashichak, District- Nawada

4. Manoj Kumar, s/o Ghanshyam Singh, r/o village & P.O. Maharath, P.S. Kashichak, District- Nawada, at present Astt. Teacher, Primary School, Bajitpur, P.S.- Kashichak, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3. The Director, Education Department, Govt. of Bihar, Patna.

4. The Addl. Director, Education Department, Govt. of Bihar, Patna

5. The District Magistrate-cum-Collector, Nawada at Nawada.

6. The District Education Officer, Nawada at Nawada.

7. The District Programme Officer (Estb.), Nawada.

8. The Block Development Officer, Kashichak Block, Kashichak, Nawada.

9. The Block Education Officer, Kashichak Block, Kashichak, Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Respondent/s : Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and the State.

The grievance of the petitioners in the present writ application is non-payment of salary from March, 2017. Learned counsel submits that the petitioners were paid regular salary up to February, 2017, but without any rhyme

Patna High Court CWJC No.18978 of 2017 (2) dt.22-12-2017 2/2 and reason the salary of the petitioners was stopped from March, 2017. He submits that the petitioners have approached the respondent authorities for redressal of their grievance, but no action was taken by the respondents. The petitioners have placed reliance to annexure-2 Series, the representations made by the petitioners for payment of salary.

Considering the fact that the petitioners were paid salary up to February, 2017. The respondents are required to examine the claim of the petitioners for payment of salary from March, 2017 onwards and if the petitioners' appointment is legal and valid and if they are discharged the duties, they are entitled for payment of salary.

In the aforesaid circumstance, the writ application is disposed of with a direction to the District Programme Officer (Estb.), Nawada, who shall examine the claim of the petitioner and if it is found that the petitioners have worked, the respondent District Programme Officer (Estb.), Nawada shall ensure payment of salary to the petitioners within a period of 60 days from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- U