Suresh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15369 of 2017 ======================================================

1. Suresh Prasad Singh aged about 42 years, Son of Anachh Yadav, resident of Narabat, P.O.- Piyar, P.S.- Atari, District- Gaya- 823311. .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary Govt. of Bihar, Old Secretariat, Patna.

2. The Principal Secretary cum Commissioner, Human Resources Department New Secretariat, Patna.

3. The Director of Pirmary Education Human Resources Department, New Secretariat, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Nath For the Respondent/s : Mr. Smt. Binita Singh-Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The instant writ petition has been filed by the petitioner with grievance that respondents are not making payment of arrears and current salary of the petitioner. The Director, Primary Education-cum-Joint Secretary vide letter No. 5140 dated 12-101974 took decision to take over committee manage schools and further to grant consequential benefit to bona fide teaching and non-teaching staff.

In view of the aforesaid, this writ petition stands disposed of with a direction to the respondents to take final

Patna High Court CWJC No.15369 of 2017 (2) dt.22-02-2018 decision with regard to claim of the petitioner for payment of arrears and current salary within a maximum period of 60 days from the date of receipt/production of copy of the order. In case the petitioner is found entitle to payment of salary after verification of the claim of the petitioner, necessary order in this regard will be passed by the respondents within a maximum period of 60 days from the date of receipt/production of copy of the order. The consequential monetary benefit may be extended within a further period of one month from the date of decision. In case the claim of the petitioner is found nonsustainable, the respondent will pass specific order indicating the reason for non-payment of salary to the petitioner for the period as prayed for in the present writ application.

It is made clear that this court has not expressed any opinion on the merit of the case and if the petitioner approaches the authorities, the respondent will examine the claim of the petitioner in the light of Policy Decision of 30-06-1993. With the aforesaid observation, this writ petition is disposed of.

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