Sunita Kumari @ Sunita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8602 of 2018 ====================================================== Sunita Kumari @ Sunita Devi, W/o Anil Kumar Singh, D/o Mahesh Singh, Resident of Village - Amnour Sultan Jan, P.O. + P.S. - Amnour, Dist - Saran presently residing at village and P.O. Bhawapur, P.S. - Marharwa, Distt Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The District Magistrate, Chapra, Saran.

3.

District Programme Officer, Primary Education and Sarv Shiksha Abhiyan, Saran, Chapra.

4.

District Education Officer, Saran, Chhapra.

5.

Block Education Officer, Amnour, Saran.

6.

Block Education Extension Officer, Amnour, Saran. 7.

Block Development Officer, Amnour, Saran.

8.

Principal, Kasturba Gandhi, Aawasiya Balika Vidyalaya-cum-Kanya Madhya Vidyalaya, Amnour, Saran.

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh For the Respondent/s :

Smt. Binita Singh -Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and the respondents.

The present writ application has been filed by the petitioner for payment of salary/remuneration for the period 09.06.2009 to June 2013.

Learned counsel for the petitioner submits that the petitioner has worked from 09.06.2009 to June 2013 and thereafter left the job.

The issue of payment of salary requires factual

Patna High Court CWJC No.8602 of 2018(2) dt.01-08-2019 2/2 enquiry, which can only be made by the respondent District Programme Officer, Sarv Shiksha Abhiyan, Saran after verification of the record.

In view of the above, the writ application is disposed of with a direction to the District Programme Officer, Sarv Shiksha Abhiyan to verify the record and ascertain whether the appointment of the petitioner is legal and valid and the petitioner has actually worked for the period 09.06.2009 to June 2013, the petitioner is claiming salary.

In the event, the appointment of the petitioner is found legal and valid and the petitioner has actually worked for the period she is claiming salary, the District Programme Officer, Sarv Shiksha Abhiyan shall take steps for payment of salary. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U