Sunena Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.555 of 2018 ====================================================== Sunena Kumari, Wife of David Kumar, Residents of Village- Chirouri, Ward No.- 7, under Gram Panchayat- Chirouri, Block- Chausa, P.S.- Chausa, District- Madhepura.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary, Human Resource Department, Government of Bihar, Patna.

2. The District Magistrate, cum Collector, Madhepura.

3. The District Education Officer, Madhepura.

4. The District Programming Officer, Madhepura.

5. The Block Education Officer, Chausa, District- Madhepura.

6. The Head Master of Middle School, Chirouri, Ward No.- 8, under Gram Panchayat, Chirouri, Block- Chausa, District- Madhepura.

7. The Prerak cum Head Coordinator, Middle School, Chirouri Ward No.-8, under Gram Panchayat, Chirouri, Block- Chausa, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the State :

Mr. Prabhat Ranjan Singh, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

In the present writ petition the petitioner has prayed for following reliefs:

(i) For issuance of writ/writs, order/orders, direction/directions in the nature of Mandamus commanding the respondents particularly the respondent Nos. 6 and 7 to allow the petitioner to put the signature over the daily teachers attendance register because the petitioner has been discharging her duty for the post of prerak w.e.f. the date of appointment

Patna High Court CWJC No.555 of 2018(2) dt.16-02-2018 2/3 dated 25.8.2011.

(ii) For further direction upon the respondents to immediately pay all the arrear of payment of salary w.e.f. 25.8.2011 till today whereas the petitioner has been working on the post of Head Prerak at Middle School, Chirouri under Gram Panchayat, Chirouri Ward No. 8, Block- Chausa, DistrictMadhepura (iii) For further relief/reliefs, order/orders, direction/directions as may deem fit and proper in the facts and circumstances of this case.

Learned counsel for the petitioner submits that the petitioner has approached the respondents for redressal of his grievances by way of filing representation as contained in Annexures 3 and 4 but the grievance has not been redressed as yet.

The issue of payment of salary and putting signature in the attendance register is a matter of enquiry and the same cannot be properly adjudicated in the present proceeding. Under the circumstances, the writ petition is disposed of with direction to the petitioner to file a representation before the District Programme Officer, Establishment, Madhepura within one month from today along with a copy of this order, who shall

Patna High Court CWJC No.555 of 2018(2) dt.16-02-2018 3/3 call for the records from respondent Nos. 6 and 7 and after verification, decide the claim expeditiously and pass a reasoned and speaking order within a period of two months from the date of filing of the representation.

In case the respondent No. 4 finds substance in the claim of the petitioner regarding non-payment of salary, he shall pass appropriate order for redressal of grievance of the petitioner. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U