Om Prakash And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3493 of 2018 ======================================================

1. Om Prakash, S/o Vishundeo Rai, Resident of Village-Goa Pokhar Bhauwara, Ward No. 24, P.S.-Madhubani Sadar, District-Madhubani.

2. Md. Tabrej S/o Md. Afak, Resident of Mohalla-Mir Shikar Tola (Manharanlal), P.S.-Madhubani Town, District-Madhubani.

3. Archana Kumari, W/o Kumar Ambika, Resident of village-Rampur, P.S. Pandaul, District-Madhubani.

4. Md. Jamil Akhtar, S/o Md. Ishrayal, Resident of village-Bharaul, P.S. Bhairavasthan, District-Madhubani.

5. Bharati Kumari, W/o Anil Kumar Yadav, Resident of village-Dabhari, P.S. Pandaul, District-Madhubani.

6. Ramdeo Sahu, S/o Sonal Sahu, Resident of village-Biraul, P.S. Pandaul, District-Madhubani.

7. Arun Kumar Yadav, S/o Uma Kant Yadav, Resident of villageSankorth, P.S. Pandaul, District-Madhubani. .... .... Petitioners.

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra Jha-3 For the Respondent/s : Mr. Madhaw Prasad Yadav -Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and counsel appearing for the State.

Mr. Satish Chandra Jha, learned counsel for the petitioners submits that petitioners are appointed in 2010. They received salary upto the month of July, 2015 and thereafter, respondents have arbitrarily stopped the payment of salary. He submits that the District Programme Officer (Establishment), Madhubani (respondent No. 6) has already issued direction in this regard for payment of salary to the respondent Nos. 8 to 13 but the respondent No. 8 to 13 have failed to comply the same.

Patna High Court CWJC No.3493 of 2018 (2) dt.27-02-2018 In the aforesaid circumstance, this court is constraint to issue direction to the District Programme Officer (Establishment), Madhubani (respondent No. 6) who shall see that the payment for which the petitioners are entitled must be made to them within a maximum period of two months from the date of receipt/production of copy of the order.

In case respondent Nos. 8 to 13 defy the direction with regard to payment of salary (arrear and current), the respondentDistrict Programme Officer (Establishment), Madhubani (respondent No. 6) shall take all coercive steps to ensure the payment of salary (current and arrears) and direct the concerned to make payment of salary after verification about legality and genuinity of payment of the petitioners and the fact that the petitioners have worked for the period, they are claiming salary in the present application.

The entire exercise in this regard must be made within a time frame indicated hereinabove.

With the aforesaid observation, this writ application is disposed of.

(Anil Kumar Upadhyay, J) A.K.V./- U