Gopal Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10102 of 2016 ====================================================== Gopal Thakur Son of Sri Satya Narayan Thakur Resident of Village - Gandhi Gram, P.O. Guru Bazar, P.S. Barari, District - Katihar, presently working as Panchayat Teacher, Primary School, Kal Tola under Panchayat - Kabar, Block Barari, District - Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, (Primary Education), Government of Bihar, Patna.

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

3. The District Magistrate, Katihar.

4. The District Education Officer, Katihar.

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

6. The District Teacher Appointment Appellate Tribunal, Katihar.

7. The Block Education Officer, Barari, Katihar.

8. The Mukhiya Gram Panchayat Raj, Kabar, Prakhand Barari, District - Katihar.

9. The Secretary, Gram Panchayat Raj, Kabar, Prakhand Barari, District - Katihar.

10. The Headmaster, Primary School, Kal Tola (East) Barari, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jibendra Mishra,Advocate For the Respondent/s :

Mr. Ashok Kumar Pathak, AC to GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

This writ application was filed on 24.6.2016. More than one and half year has passed by now, neither any counter affidavit was filed on behalf of the respondents nor the grievance of the petitioner was redressed.

Under the compelling circumstances, the writ petition is disposed of with direction to the respondents no.5, the District

Patna High Court CWJC No.10102 of 2016(2) dt.06-02-2018 2/2 Programme Officer (Estab.), Katihar who shall examine the record and if it is found that the petitioner was validly appointed and has worked during the period the petitioner is claiming payment of salary, the respondent no.5 shall pass appropriate order for payment of salary. Such exercise must be completed within a period of two months from today. In the event the respondent no.5 finds the claim of the petitioner admissible he shall ensure payment of monetary benefit within a further period of one month from the date of such decision, failing which the payment would carry interest at rate of 9 per cent from the date of accrual to the date of actual payment and the interest component shall be recovered on the person responsible for delay in making payment of salary.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U