Madhab Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2212 of 2023 ====================================================== Madhab Kumar Singh, Son of Saryug Singh, Resident of Village-Khopariya, P.O.-Laulagan East, Block and P.S.- Chausa, District-Madhepura. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Madhepura.

4.

The District Education Officer, Madhepura.

5.

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

The Block Education Officer, Chausa, District-Madhepura. 7.

The Headmaster, Primary Middle School, Khopariya, District-Madhepura. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ application has been filed seeking a writ in the nature of Mandamus directing the respondent authorities to make payment of monthly salary to the petitioner since November, 2022 as well as current salary which, according to him, has been illegally withheld.

3. Learned counsel for the petitioner himself submits that this salary of the petitioner has been withheld by virtue of Annexure '5' which is a communication contained in Letter No. 1755 dated 28.10.2022 issued by the District Programme Officer,

Patna High Court CWJC No.2212 of 2023(2) dt.31-07-2023 2/2 Establishment, Madhepura wherein a direction has been issued to all the concerned authorities to remove those teachers who are still working on the basis of a Madhyama Visharat degree obtained from Hindi Sahitya Sammelan Prayag.

4. On perusal, it appears that Annexure '5' has been issued in the light of the direction passed by the State Appellate Authority in Appeal No. 150/2021/Appeal No. 216 of 2018 and in this connection, an order dated 09.02.2022 passed by the State Appellate Authority has been referred to. This letter (Annexure '5') also refers decision of this Court. The petitioner has neither enclosed the orders of the State Appellate Authority nor of this Court and even Annexure '5' has not been assailed.

5. In such circumstance where the petitioner is deprived of his salary by virtue of an order contained in Annexure '5' and the same is not under challenge, this Court is of the considered opinion that no Mandamus may be issued.

6. This writ application has not merit, it is dismissed accordingly.

7. Liberty will be there to the petitioner to file fresh application, if so advised.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U