Shivendra Yadav, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1149 of 2022 ====================================================== Shivendra Yadav, son of Tilkeshwar Yadav, resident of Village-Sundarpur, P.O.-Bina, P.S. and District-Supaul. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Department of Primary Education, Government of Bihar, Patna.

3.

The District Education Officer, Supaul.

4.

The District Programme Officer (Establishment), Supaul. 5.

The Block Education Officer, Triveniganj, District-Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Madan Jeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 28-03-2024 Heard learned counsel for the parties.

2.

The petitioner has moved this Court for issuance of order, direction or writ, commanding and directing the Respondents concerned to pay the petitioner his salary/pay arrears thereof between March, 2016 to May 2016 and for the period since March, 2017 to till date including regular pay onwards, as the petitioner having appointed as Panchayat Teacher at Primary School, Sakhua under Block-Triveniganj, District- Supaul in accordance with law and has been paid his salary/honorarium till June, 2015 and July, 2015 to February, 2016 has been stood paid in the light of order of learned District Appellate Authority, Supaul passed in Appeal No.29 of 2015, but again the same stood stopped since March to May, 2016 and then March, 2017

Patna High Court CWJC No.1149 of 2022 dt.28-03-2024 2/2 without any cogent reason and due to some extraneous consideration. And/or any other relief/reliefs for which the petitioner is found to be entitled in the facts and circumstances of this case.

3.

Learned counsel for the petitioner submits that despite the direction of District Appellate Authority and State Appellate Authority, the salary of the petitioner has not been paid till today.

4.

A counter-affidavit is filed on behalf of the respondent no.3 and 4, in which it is stated that when the fund will be made available to the Office of deponent, payment of arrears shall be paid to the petitioner immediately.

5.

Considering the statements made in the counter-affidavit filed by the respondent nos.3 and 4, I direct the respondent no.3 to pay the arrears of salary including the present salary to the petitioner within a period of eight weeks from today and if the respondent no.3 fails to comply the present order, in that eventuality, his salary shall also be stopped till payment to the petitioner.

(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.04.2024 Transmission Date NA