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Patna High CourtMJC/1960/2017dismissed

Suman Kumari v. The State Of Bihar Through Mr. R. K. Mahajan, The Principal Secretary, Education Department, Govern

2019-07-31Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1960 of 2017 In Civil Writ Jurisdiction Case No.5843 of 2014 ====================================================== Suman Kumari, D/O Shri Chandrashekhar Mandal, R/O Village - Cailutol Sukhsena, P.O. - Ladogar, P.S. K.Hatt, District - Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. R. K. Mahajan, the Principal Secretary, Education Department, Government of Bihar, Patna. 2.

Mr. Ram Chandradoo, the Director, Primary Education, Govt. of Bihar, Patna.

3.

Mr. Mithilesh Kumar, the District Education Officer, Purnia. 4.

Mr. Nageshwar Mandal, the Block Education Officer, Barhara Kothi, District-Purnea.

5.

Mr. Chandradeo Prasad Rai, the Mukhiya, Gram Panchayat Sukhsena, Block- Barahara Kothi, District- Purnea.

6.

Mr. Surendra Prasad, the Panchayat Secretary, Gram Panchayat Sukhesena, Block Barhara Kothi, District- Patna.

7.

Mr. Kanhaiya Lal Mandal, the Head Master, Primary School Sabhagachhi, Block - Barhara Kothi, District- Purnea.

8.

Shiv Narayan Mandal, Son of Late Mangal Mandal, Resident of Village - Kailu Tol, Sukhsena, Block and P.S. - Barhara Kothi, District - Purnea. 9.

Santosh Kumar, S/O Shri Sumarit Thakur, Resident of Village Gulela Bitta, Block and P.S. - Barhara Kothi, District - Purnea. 10.

Pawan Kumar Thakur, Son of Shri Sumarit Thakur, Resident of Village Gulela Bitta, Block and P.S. - Barhara Kothi, District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashutosh Ranjan Pandey, AAG- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 31-07-2019 By order dated 12.08.2016 passed in CWJC No.13835 of 2012 the writ petition was allowed with certain directions including a direction for payment of arrears of salary in respect of such of the teachers who had discharged their duties but were not paid salary. The petitioner complains that this part of the order has not been

Patna High Court MJC No.1960 of 2017(3) dt.31-07-2019 2/2 complied as she has not been given the arrears of salary. A representation is present at Annexure 4 addressed to the Block Education Officer, Barhara Kothi, district Purnea making such complaint in pursuance of the order referred to above but the representation is silent on the main aspect i.e. whether or not the petitioner has discharged her duties from the date of termination until the date of the order passed by this Court.

In case the claim raised by the petitioner is in terms of the order of this Court which allows the salary to the teachers who have actually remained on the post and discharged their duties since after their termination, let the petitioner represent before the concerned authorities together with the documents supporting her claim of discharge of duties as teacher during the period she claims salary and which shall be disposed of accordingly but in the nature of the representation filed which gives no details of such discharge, no cause of contempt is made out.

The contempt application is disposed of accordingly. (Jyoti Saran, J) skpathak/- U