Anandi Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19064 of 2017 ======================================================

1. Anandi Prasad, S/o Shobhi Mahto, R/o Rasalpur, Mahugain, P.O.- Tarwan, P.S.- Fatehpur, District- Gaya, at Present Asst. Teacher, Primary School, Rajapur, Akauna, P.S.-Nardiganj, District- Nawada.

2. Pushpa Sinha, d/o Shailendra Prasad, Resident of Village- Narsinghpur, P.O.-Gilani, P.S.- Jairam More, District- Sheikhpura, at present Asst. Teacher, Primary School, Rajapur, Akauna, P.S.-Nardiganj, DistrictNawada. .... .... 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 Addl. 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, Nardiganj, Block Nardiganj, Nawada.

9. The Block Education Officer, Nardiganj, Block Nardiganj, Nawada.

10. The Mukhiya Gram Panchayat Raj, Handia Gram Panchayat, Handia, Nardiganj, Nawada cum Chairman Selection Unit Panchayat Teacher, Handia Gram Panchayat, Block Nardiganj, District- Nawada.

11. The Secretary, Gram Panchayat Raj, Handia Block Nardiganj, DistrictNawada ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Respondent/s : Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-12-2017 Heard learned counsel for the petitioners and learned counsel appearing for the State.

The grievance of the petitioners is non-payment of salary since 13.06.2012.

Counsel for the petitioners submits that the petitioners are regularly working after appointment, but they have

Patna High Court CWJC No.19064 of 2017 (2) dt.22-12-2017 2/2 not been paid salary. He submits that the petitioners have earlier approached the respondent authorities for redressal of their grievance, but their representation has gone unheeded. He further submits that the writ application may be disposed of with a direction to the respondents to examine the case of the petitioners and if the petitioners are found entitled to payment of salary, the respondents may be directed to consider the case of the petitioners and ensure payment.

Considering the facts and circumstances of the case, the writ application is disposed of with a direction to respondent no.7 [District Programme Officer (Estb.), Nawada], who shall examine the case of the petitioners and if the petitioners are found legally and validly appointed and are regularly working, the respondent no.7 is required to ensure payment of arrears and current salary to the petitioners. Such exercise must be completed within a period of three months 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