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Patna High CourtCWJC/1356/2018disposed

Ranju Kumari And ORS v. The State Of Bihar And ORS

2018-02-16Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1356 of 2018 ======================================================

1. Ranju Kumari, D/o Lalo Ram, R/o Vill.- Sathe, P.O. Kharsari, P.S.- Kawakopl, Distt.- Nawada, at present Astt. Teacher, Primary School Dhamaul, P.S. Pakribarawan, Distt.- Nawada.

2. Kumari Rita Sinha, D/o Ramnandan Prasad, R/o Vill & P.O.- Dhmaul, P.S.- Pakribarawan, Distt.- Nawada, at present working as Astt. Teacher, Primary School, Turkvan, P.S.- Pakribarawan, Distt.- Nawada.

3. Sheela Kumari, D/o Suresh Prasad Sharma, R/o Anjunar, P.O.- Dhamaul P.S.- Pakribarawan, distt.- Nawada, at present posted as Asst. Teacher Primary School, Anjunar, P.S.- Pakribarawan, Distt.- Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3. The Director, Education Department Govt. of Bihar, Patna.

4. The Adll. Director, Education Department, Govt. of Bihar, Patna.

5. The District Magistrate cum Collector, Nawada at Nawada.

6. The District Education Officer, Nawada at Nawada.

7. The District Programme Officer (Estb.), Nawada.

8. The Block Development Officer, Pakribarawan, Block, Narhat, Nawada.

9. The Block Education Officer, Pakribarawan, Block, Pakribarawan, Distt. Nawada.

10. The Mukhiya, Gram Panchayat Raj, Dhamaul, Pakribarawan, Nawada cum Chairman Selection Unit Panchyat Teacher, Dhamaul Gram Panchayat, Dhamaul, Block Pakribarawan, Distt.- Nawada.

11. The Secretary, Gram Panchyat Raj Dhamaul Gram Panchayat Dhamaul, Block Pakribarawan, Distt. Nawada.

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr. KAMESHWAR KUMAR -GP17 Mr. S.K.Ranjan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-02-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Learned counsel for the petitioners is permitted to make

Patna High Court CWJC No.1356 of 2018(2) dt.16-02-2018 2/3 necessary correction in para-1 of the writ petition during the course of the day.

Learned counsel for the petitioners submits that the petitioners were paid regular salary till February, 2017 and thereafter the salary of the petitioners was stopped without any rhyme or reason. He submits that the petitioners have approached the District Programme Officer, Establishment, Nawadah by way of filing representation as contained in Annexure-4 which is pending consideration before the respondent-District Programme Officer, Establishment, Nawadah.

Since the respondents have not assigned any reason for stoppage of salary and the representation of the petitioners has not been disposed of as yet, it would be appropriate to dispose of the writ petition with a direction to the respondent-District Programme Officer, Establishment, Nawadah to examine the claim of the petitioners and if on scrutiny of the relevant record he finds that the appointment of the petitioners is legal and valid and they are regularly working, pass appropriate order for payment of salary. If the respondent No. 4 does not find any merit in the claim of the petitioners for payment of salary, he shall pass reasoned and speaking order within a maximum

Patna High Court CWJC No.1356 of 2018(2) dt.16-02-2018 3/3 period of two months from the date of receipt/production of a copy of this order.

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