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Patna High CourtCWJC/4887/2017disposed

Diwakar Mani Tripathi v. The State Of Bihar And ORS

2018-02-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4887 of 2017 ====================================================== Diwakar Mani Tripathi Son of Late Farindra Nath Tripathi, Resident of Village and P.O.-Nagdaha, P.S.-Malahi, District-East Champaran. ... ... Petitioner/s

Versus

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

2. The Commissioner-Cum-Secretary, Department of Education (Primary, SEcondary and Adult Education), Government of Bihar, Patna.

3. The Secretary, Primary, Secondary and Adult Education, Government of Bihar, Patna.

4. The Special Director, Secondary Education, Government of Bihar, Patna.

5. The District Education Officer, East Champaran, Government of Bihar, Patna.

6. The Bihar Sanskrit Shiksha Board, Bihar, Patna, through its Chairman.

7. The Chairman, Bihar Sanskrit Shiksha Board, Patna.

8. The Secretary, Bihar Sankrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate Miss. Ajita For the State :

Mr. Anil Kumar, AC to GP20 For Resp. Board :

Mr. S.S.Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

Mr. Satyam Shivam Sundaram, learned counsel appearing for the Bihar Sanskrit Shiksha Board submits that instead of keeping the matter pending, the writ petition may be disposed of with liberty to the petitioner to approach the Special Director, Secondary Education, Respondent No. 4 who shall examine the claim of the petitioner for payment of salary and pass appropriate order in accordance with law after verification of the

Patna High Court CWJC No.4887 of 2017(3) dt.15-02-2018 2/2 relevant documents.

In view of the above, as the claim of the petitioner is for payment of salary, the writ petition is disposed of with a direction to the petitioner to file a representation along with a copy of the order within a period of one month from today before the respondent No. 4, the Special Director who shall examine the claim of the petitioner and pass appropriate order within four months from the date of filing of the representation. It is made clear that this court has not expressed any opinion on the merit of the claim of the petitioner. It is the obligation of the respondents to examine the claim on verification of the relevant documents and the records and pass appropriate order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U