Mahmuda Khatun v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8332 of 2021 ====================================================== Mahmuda Khatun Wife of Mujibur Rehman, resident of Village - Choukiya Paharpur Shabdar Tola, Amdabad, P.S. - Durgapur, Dist. - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Katihar.

5.

The District Programme Officer (Establishment), Katihar. 6.

The Block Education Officer, Amdabad, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Advocate For the Respondent/s :

Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-04-2025 Heard Mr. Prashant Sinha, learned counsel appearing on behalf of the petitioner and Mr. Madanjeet Kumar, learned GP-20 for the respondent/s.

2. In light of the information contained in paragraph no. 18 of the counter affidavit filed on behalf of the respondent no. 5, wherein, reference has been made regarding the orders passed by the Additional Chief Secretary, Education Department, contained in Memo No. 734 dated 08.07.2022 and Memo No. 746 dated 11.07.2022 clarifying that without any disciplinary proceeding, payment of salary to a teacher should not be stopped, the petitioner is at liberty to represent before the

Patna High Court CWJC No.8332 of 2021(3) dt.17-04-2025 2/2 Additional Chief Secretary, Education Department for redressal of his grievance and for continuation of the salary.

3. The Additional Chief Secretary, Education Department, must abide by his own decision and direct the authority concerned to make payment of the salary, if already not stopped. However, the same will subject to the final outcome of the order passed by the Apex Court in SLP (C) No. 10872-10848 of 2024 (Md. Tanzim Reza & Ors. vs. Union of India & Ors.).

4. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U