← Library
Patna High CourtCWJC/3000/2018disposed

Bipin Kumar And ORS v. The State Of Bihar And ORS

2018-02-23Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3000 of 2018 ======================================================

1. Bipin Kumar Son of Shri Rajendra Prasad Singh Resident of Village- Jhikarua, P.S.- Narhat, District- Nawadah, at Present posted as Panchayat Teacher, Nav Sirjit Primary School, Meenapur, Gram Panchayat- Shekhpura, P.S.- Narhat, DistrictNawadah.

2. Krishna Murari Pandey Son of Shri Bipin Bihari Pandey Resident of Village- Sati Sthan, Masaurhi, P.S.- Masaurahi, District - Patna, at Present Posted as Panchayat Teacher in N.P.S. Meenapur, Gram Panchayat - Shekhpura, P.S. Narhat, DistrictNawadah.

3. Saiyad Kamar Mahmood Son of Saiyad Hussain Ahmad Resident of Village- Dumrawan, P.s. Asthawan, District- Nalanda , at present posted as Panchayat Teahcer in N.P.S. Kusha (Hindi), Gram Panchayat- Shekhpura, P.S. Narhat, District- Nawadah.

4. Rangraj Himanshu Shekhar Son of Shri Kaushlendra Kumar Resident of Village- Ghoshi, P.S. Ghoshi, District- Jehanabad at Present Posted as Panchayat Teacher in Urdu Primary School, Kusha, Gram Panchayat- Shekhpura, P.S. Narhat, DistrictNawada.

5. Vibha Kumari Daughter of Shri Ganesh Datt Singh Resident of Village- Kani, P.S. Khizarsarai, District- Gaya, at Present Posted as Panchayat Teahcer in Urdu Primary School, Kusha, Gram Panchayat- Shekhpura, P.S. Narhat, District- Nawadah.

6. Renu Kumari Daughter of Shri Udit Narayan Singh Resident of Village- Karisova, P.S. Wazirganj, District- Gaya , at Present Posted as Panchayat Teahcer in N.P.S. Meenapur, Gram Panchayat- Shekhpura, P.S.- Narhat, District- Nawadah.

7. Alka Kumari Daughter of Shri Bipin Bihari Pandey Resident of Mohalla- Vidyanagar, Beur, P.S. Beur, District- Patna, at Present Posted as Panchayat Teacher in Primary School Patal Bigha, Gram Panchayat - Punaul, P.S. Narhat, District- Nawadah.

8. Priya Parimal Daughter of Shri Shivnath Singh Resident of Mohalla- Vidyanagar, Beur, P.S. Beur, District- Patna, at Present Posted as Panchayat Teacher in Primary School Patal Bigha, Gram Panchayat - Punaul, P.S. Narhat, District- Nawadah.

9. Rajiv Kumar Son of Shri Birendra Prasad Singh Resident of Village- Bhim Bigha, P.S. Narhat, District- Nawadah, at Present Posted as Panchayat Teahcer in Navsrit Primary School, Purnadih, Gram Panchayat- Baiju Bigha, P.S. Narhat, DistrictNawadah.

10. Vijay Kumar Son of Shri Chandrika Prasad Chaudhary resident of Village-Medkuri, P.S. Meskaur, District- Nawadah, at Present as Panchayat Teahcer in Urdu Primary School, Medkuri, Gram Panchayat, Baiju Bigha, P.S.Narhat, District- Nawadah. 11.Sanjay Kumar Chaudhary Son of Shri Bindeshwari Kumar Chaudhary Resident of Mohalla- ward no. 18, Mekhlautganj, K.P. Lane, Gaya, P.S.-Gaya Mufassil, District- Gaya, at Present Posted as Panchayat Teacher in Navsrijit Primary School,

Patna High Court CWJC No.3000 of 2018(2) dt.23-02-2018 2/3 Purnadih, Gram Panchayat- Baiju Bigha, P.S.- Narhat, DistrictNawadah.

12. Niranjan Kumar Son of Shri Krishna Kant Singh Resident of Village- Bhim Bigha, P.S. Narhat, District- Nawadah, at Present Posted as Panchayat Teacher in Primary School, Barakhurd, Gram Panchayat - Babhnaur, P.S. Narhat, District- Nawada.

13. Nutan Kumari Daughter of Shri Shivendra Kumar Resident of Village- Kurkihar, P.S. Wazirganj, District- Gaya, at Present Posted as Panchayat Teacher in Primary School, Barakhurd, Gram Panchayat- Babhnaur Primary School, Barakhurd, Gram Panchayat- Babhnaur, P.S.- Narhat, District- Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Director Primary Education , Bihar, Patna.

3. The District Magistrate, Nawadah.

4. The District Programme Officer, Establishment, Nawadah.

5. The District Education Officer, Nawadah.

6. The Block Education Officer, Narhat, Nawadah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Respondent/s :

Mr. Kameshwar Kumar -GP17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-02-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The grievance of the petitioners in the present writ application is non-payment of salary from June,2017. On behalf of the respondents, counter affidavit has been filed in the present writ application wherein respondents have taken stand that the three men committee has made enquiry and submitted report vide letter nos. 1088, 1089, 1091dated 26.12.2017 respectively.

In the counter affidavit, it has been indicated that

Patna High Court CWJC No.3000 of 2018(2) dt.23-02-2018 3/3 appointment of the petitioners have been made by the order of District Teachers Employment Appellate Authority, Nawada and in the light of guidelines of the department, recommendation has been made for payment.

In para 10 of the counter affidavit there is specific statement made on behalf of the respondents that payment of the petitioners will be made after receiving fresh allotment. In view of the statement made in para-10 of the counter affidavit, the writ petition is disposed of with direction to the respondents to make payment of arrears and current salary as indicated in the para-10 of the counter affidavit. The court hope and trust that the respondents will stand by their undertaking in para10 of the counter affidavit and ensure payment immediately after receipt of fresh allotment. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U