Asimun Nisa v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11703 of 2018 ====================================================== Asimun Nisa wife of Late Khalil Ahmad resident of village - Arthauli, P.O. Nandlalpur, P.S. - Vaishali, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resource Department, Government of Bihar, Patna.

2.

The Director, Secondary and Primary Education, Government of Bihar, Patna.

3.

The District Magistrate, Vaishali, District - Vaishali at Hajipur. 4.

The District Programme Officer, Vaishali, District - Vaishali at Hajipur. 5.

The District Superintendnet of Education, Vaishali, District - Vaishali at Hajipur.

6.

The Block Education Officer, Goraul, District - Vaishali. 7.

The Head Master-cum-Drawing and Disbursing Officer Nationalized Girls Middle School, Mahnar, Anchal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Prabhakar Jha- Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has approached this Court for a direction to the respondents to make payment of salary for the period of suspension of her late husband.

In this case counter affidavit has been filed on behalf of respondents. In paragraph no.11 of the counter affidavit respondents have admitted to pay arrears of salary to the husband of the petitioner for the suspension period which is

Patna High Court CWJC No.11703 of 2018(2) dt.18-07-2019 2/2 quoted herein below:- "11. That however keeping in view the claim of petitioner the answering respondent vide letter no. 4244 dated 31.10.2018 and through it's reminder bearing letter no. 4422 dated 15.11.2018 has written to the concerned drawing and disbursing officer to pay the arrears of salary of the deceased husband of the petitioner for the suspension period, if the same has not yet been paid."

In view of the stands taken by the respondents in counter affidavit in para 11, the writ petition is disposed of with a direction to the respondents to ensure payment of arrears of salary of the deceased husband of the petitioner within a maximum period of 60 days from the date of receipt/production of copy of this order, if the payment has not been made earlier. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U