Braj Bhushan Sishodiya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12680 of 2017 ====================================================== Braj Bhushan Sishodiya Son of late Chandra Shekhar Singh, Resident of Village-Kadirgnj, P.S. Kadirgaanj District-Nawada. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Nawada.

3.

The District Education Officer, Nawada.

4.

The Sub-Divisional Officer, Rajauli, District-Nawada. 5.

The Block Development Officer, Rajauli. Nawada. 6.

The Block Education officer, Rajauli, Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Kumar Verma, Advocate For the Respondents :

Mr.Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 13-02-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

The grievance of the petitioner in the present writ application relates to payment of arrears as well as current salary since 27.01.2014 till date.

Taking work and denying salary amounts to beggari which is prohibited in terms of the constitutional mandates. No work is gratuitous.

Learned counsel for the petitioner submits that there is no issue as to the validity of appointment of the petitioner but

Patna High Court CWJC No.12680 of 2017 dt.13-02-2020 2/2 despite that, he has not been paid salary. . If the petitioner is working after valid appointment, there is no reason to deny his salary.

Accordingly, the writ application is disposed of with a direction to the District Education Officer, Nawada (respondent no 3) to verify the appointment of the petitioner and on verification of the same if it found that the petitioner was validly appointed and he has worked for the period he is claiming salary, the respondents are under obligation to make payment of salary. The entire exercise must be completed by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this judgment. (Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.02.2020 Transmission Date N.A.