Shankar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6188 of 2017 ======================================================

1. Shankar Singh, Son of Sri Virendra Singh Resident of Village-P.O.- Hematpur, P.S.-Town Thana, Ara, District-Bhojpur

2. Pradeep Kumar, Son of Late Shyamdeo Narayan Lal, Resident of Village+P.O.-Tatari, Bhojpur, P.S.-Tatari, District-Bhojpur

3. Amarjeet Kumar, Son of Sri Kanhaiya Singh, Resident of Village-Kesath, P.S.-Kesath, District-Buxar.

4. Pratima Srivastava, D/o Late Shivjee Prasad, Resident of Village-P.O.- C.K. Road, Ara, P.S.-Ara Town Thana, District-Ara at Bhojpur.

5. Dileep Kumar Son of Late Shivjee Prasad, Resident of Village-P.O.- C.K. Road, Ara, P.S.-Ara Town Thana, District-Ara at Bhojpur.

6. Chandan Kumar Singh, Son of Sri Baban Singh, Resident of Village+P.O. Kesath, P.S.-Kesath, District-Buxar.

7. Rakesh Roushan, Son of Late Tapeshwar Prasad Singh, Resident of Village + P.O.-Neharu Nagar, Ara, P.S.-Ara Town Thana, District-Ara at Bhojpur.

8. Pawan Kumar, Son of Rama Shankar Singh, Resident of Village + P.O.- Neharu Nagar, Ara, P.S.-Ara Town Thana, District-Ara at Bhojpur.

9. Shashi Ranjan Kumar, Son of Sri Surendra Prasad Singh, Resident of Village-Khutaha Tahari, P.S.-Ematpur, District-Ara at Bhojpur.

10. Anupama Kumari D/o Sri Arbind Kumar Sinha Resident of Village + P.O.-Tirojpur Karisath, P.S.-Udwant Nagar, District-Ara at Bhojpur.

11. Anup Kumar, Son of Sri Rajendra prasad Singh Resident of Village + P.O.-Dusadhi Badhar, Piro, P.S.-Piro, District-Ara at Bhojpur.

12. Ramji Singh Son of Sri Tilam Singh, Resident of Village + P.O.- Dusadhi Badhar, Piro, P.S.-Piro, District-Ara at Bhojpur.

13. Manoj Kumar, Sono f Sri Barmeshwar Prasad, Resident of Village + P.O.-Birampur Koilwar, P.S.-Koilwar, District-Ara at Bhojpur.

14. Gautam Sinha Son of Sri Nath Lal Resident of Village + P.O.-Baghaur Narayanpur, P.S.-Piro, District-Ara at Bhojpur.

15. Jitendra Kumar, Son of Sri Sukhnandan Singh, Resident of Village +P.O.-Pakari, Ara, P.S.-Nawada, District-Ara at Bhojpur

16. Akhilesh Kumar, Son of Sri Shobhlayak Singh, Resident of Village +P.O.-Pakari, Ara, P.S.-Nawada, District-Ara at Bhojpur

17. Abha Kumari, D/o Dr. Shivjee Prasad, Resident of Village + P.O.- Choudhiriyama, Nala Road, P.S.-Town Thana Ara, District-Ara at Bhojpur.

18. Surendra Kumar Son of Sri Gouri Shankar Prasad Resident of VillageDawa Jagdishpur, P.S.-Jagdishpur, District-Ara at Bhojpur.

19. Sunita Kumari, D/o Sri Gajadhar Lal, Resident of Village + P.O.- Manikpur Chandi Gadhhani,P.S.-Garhani, District-Ara at Bhojpur.

20. Anju Kumari, D/o Sri Ishwar Dayal Singh, Resident of Village + P.O.- Munshi Tola Dhawa, Jagdishpur, P.s.-Jagdishpur, District-Ara at Bhojpur.

21. Ashutosh Kumar, Son of Sri Kameshwar Prasad, Resident of Village + P.O.-Birampur Koilwar, P.S.-Koilwar, District-Ara at Bhojpur.

22. Anish Kumar, Son of Sri Chhotan Lal, Resident of Village +P.O.- Birampur, Koilwar, P.S.-Koilwar, District-Ara At Bhojpur.

23. Nitu Srivastava, D/o Sri Bhuwneshwar Prasad Srivastava, Resident of Village + P.O.-Dunraon, P.S.-Dumraon, District-Ara at Bhojpur.

24. Renu Kumari, D/o Sri Vishwanath Singh, Resident of Village + P.O.- Karisath Udwant Nagar, P.s.-Udwant Nagar, District-Ara at Bhojpur.

Patna High Court CWJC No.6188 of 2017 (2) dt.22-12-2017 2/3

25. Divesh Kumar, Son of Late Virendra Pandey Resident of VillageMadhubani, P.O.-Bani, P.S.-Dhansoi, District-Buxar.

26. Samir Kumar Pandey Son of Sri Vidyabhushan Pandey, Resident of Village + P.O.-Churamanpur, P.S.-Buxar, District-Buxar.

27. Dhirendra Kumar Ojha, Son of Sri Dina Nath Ojha, Resident of Village +P.O.-Kharha Tand Simari, P.S.-Simari, District-Buxar.

28. Kamlesh Kumar Sinha, Son of Sri Vishwanath Prasad Resident of Village+P.O.-Dayal Chapra Charpokhari, P.S.-Charpokhari, District-Ara at Bhojpur.

29. Sanjay Kumar Singh, Son of Sri Shaligram Singh, Resident of Village + P.O.-Suryapura Bikramganj, P.S.-Bikramganj, District-Rohtas

30. Ravi Singh Son of Sri Krishna Singh, Resident of Villag + P.O.-Bahiro, Ara, P.S.-Nawada, District-Ara at Bhojpur.

31. Anita Kumari, D/o Arun Kumar, Resident of Village + P.O.- Charpokhari, P.S.-Charpokhari, District-Ara at Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department, of Education, Government of Bihar, Patna

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

3. The Regional Deputy Director of Education, Patna. Division, Patna.

4. The District Magistrate, Bhojpur at Ara.

5. The District Education Officer, Bhojpur at Ara.

6. The District Programme Officer, (Establishment), Bhojpur at Ara.

7. The Block Education Officer, Agion, Bhojpur at Ara.

8. The Block Developmet Officer, Agiaon, District-Bhojpur at Ara. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Mukul Mr. Lalmani Sharma, Adv.

For the Respondent/s : Mr. Prabhat Ranjan Singh-Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are aggrieved by the action of the respondents in not making payment of salary although the petitioners are regularly working as Prakhand Shikshak under

Patna High Court CWJC No.6188 of 2017 (2) dt.22-12-2017 3/3 Angion block, Bhojpur.

Counsel for the petitioners submits that the petitioners have raised their grievance before the District Education Officer, Bhojpur at Ara by way of filing representation with regard to payment of arrears and current salary. In the peculiar facts of the case the issue can only be authoritatively decided by the District Education Officer, Bhojpur at Ara on verification of the relevant record and as such, the writ petition is disposed of with direction to the respondent, District Education Officer, Bhojpur at Ara to dispose of the representation of the petitioners contained in Annexure-6 series at the earliest preferably within a period of three months.

It goes without saying that if the District Education Officer finds substance in the claim of the petitioners, he shall ensure payment of the same within a further period of two months from the date of passing of such order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U