Nitu Kumari @ Nitu Kumari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2037 of 2020 ====================================================== Nitu Kumari @ Nitu Kumari Pandey W/o Vinay Shankar Dubey Resident of Village- Sonkara, Post- Santhi, P.S.- Asaon, Dist- Siwan, Presently posted as Panchayat Teacher New Primary School Karmaul, Panchayat- Tiyar, BlockDarauli, Dist- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Director, Primary Education, H.R.D., Patna, Bihar. 3.

The District Magistrate, Siwan.

4.

The District Education Officer, Siwan.

5.

The District Program Officer (Establishment), Dist- Siwan. 6.

The Block Education Officer, Block- Darauli, Dist- Siwan. 7.

The Block Development Officer, Block- Darauli, Dist- Siwan. 8.

Panchayat Secretary, Panchayat- Tiyar, Block- Darauli, Dist- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Advocate For the Respondent/s :

Mr.Jitendra Kumar Roy1 (SC-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and the State.

The writ petitioner has approached this Court with a grievance that the petitioner has not been paid salary despite indulgence granted by the District Teacher Employment Appellate Authority.

Taking work and denying salary amounts to begaari which is prohibited by the constitutional mandate. The respondents are custodian of the document which is relevant for

Patna High Court CWJC No.2037 of 2020(2) dt.19-02-2020 2/2 verification of the claim of the petitioner as to whether he was validly appointed and whether he is regularly working and that can only be verified by the respondent authorities. Considering the aforesaid, the writ petition is disposed of with the direction to the District Programme Officer (Establishment), Siwan to verify the records and if it is found that petitioner's appointment is legal and valid and the petitioner has actually worked, he shall take step for payment of salary to the petitioner. Necessary decision in this regard must be taken by the respondents within a maximum period of four months 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