Satyendra Kumar Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9815 of 2018 ====================================================== Satyendra Kumar Pathak, son of Late Sachhidanand Pathak, Resident of village - Karpi, P.S. - Karpi, Dist. - Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resource Development, Bihar Government, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The Regional Dy. Director of Education, Magadh Division, Bihar, Patna. 5.

The District Magistrate, Jehanabad.

6.

The District Education Officer, Arwal.

7.

The District Programme Officer Establishment, Arwal. 8.

The Block Education Officer, Block Karpi, District - Arwal. 9.

The Head Master-cum-Drawing and Disbursing Officer, Middle School, Karpi, Dist. - Arwal.

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

For the Petitioner/s :

Mr. Alok Kumar Chaudhary Mr. Kulanand Jha For the Respondent/s :

Mr. Kameshwar Kumar- Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the respondents.

2. The grievance of the petitioner in the present writ application is non-payment of salary for different period starting from 1998.

3. Learned counsel appearing on behalf of State with reference to Annexure-A to the counter affidavit submits that the enquiry was made on the claim of the petitioner by the respondents and for certain period the respondents have found

Patna High Court CWJC No. 9815 of 2018(2) dt.08-08-2019 2/2 the entitlement of the petitioner, but for certain period the petitioner was found absent and as such he was not entitled for payment of salary.

4. Notwithstanding the enquiry report admitting entitlement of the petitioner for payment of certain period, no payment was made.

5. Under the aforesaid circumstances, the respondent District Programme Officer (Establishment), Arwal is hereby directed to take appropriate decision with regard to the admitted claim of the petitioner as per Annexure-A and to ensure payment to the petitioner for the period, the respondents vide Annexure-A to the counter affidavit has admitted the entitlement within a period of 45 days from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U