Nishant Praveen v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15335 of 2018 ====================================================== Nishant Praveen wife of Md. Shamim Akhtar, resident of Village- Bhatauni, Post Office- Bansgopal, Police Station- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Education Department, Bihar, Patna. 3.

The District Education Officer, Madhepura.

4.

The District Programme Officer, Literacy, Madhepura. 5.

The Block Education Officer, Puraini, District- Madhepura. 6.

Head Master, Upgraded Urdu Middle School, Bhatauni, Purnea, DistrictMadhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate Mr. Saroj Kumar, Advocate For the Respondent/s :

Mr.AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner has filed the present writ petition for a direction to the respondents to pay remuneration for discharging duty and responsibility as Shiksha Swam Sevak at upgraded Urdu Middle School, Bhatauni, Puraini, District Madhepura since 1.3.2011 as taking work and denying remuneration is Beggari and as such it is impossible.

If the petitioner has worked as Shiksha Swam Sevak, the respondents are under obligation to ensure payment of

Patna High Court CWJC No.15335 of 2018(3) dt.11-07-2019 2/2 remuneration/salary.

On 21.1.2019 direction was issued to the respondents to file counter affidavit but unfortunately no counter affidavit has been filed.

In view of the above, instead of keeping the matter pending, the writ petition is disposed of with a direction to the respondent-District Programme Officer, Shaksharta to verify the record and if it is found that the petitioner has worked as Shiksha Swam Sevak, decision for payment of remuneration for the period the petitioner claims to have worked, may be taken within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U