Purushottam Kumar Das And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16622 of 2017 ======================================================
1. Purushottam Kumar Das, son of Late Nemo Das, resident of at Noorpur, P.O.- Nathnagar, P.S.- Nath Nagar, District- Bhagalpur.
2. Roma Kumari, daughter of Sri Kishore Kumar Mishra, Wife of Sri Sanjeev Kumar Mishra, resident of at Jagarnath Ram Lane, Jogsar, Bhagalpur, P.O.- Badi, P.O.- Bhagalpur, P.S.- Aadampur, District- Bhagalpur.
3. Virendar Kumar, son of Sri Prabhu Narayan Mahto, resident of Village- Shankarpur, Bind Toli, P.O.- Shankarpur Chaumio, P.S.- Nathnagar, District- Bhagalpur.
4. Prettan Kunal, son of Sri Rambadan Roy, resident of VillageBhawnathpur, P.O.- Ranuchak Makandpur, P.S.- Akbar Nagar, District- Bhagalpur.
5. Mithilesh Kumar, son of Shyamdeo Prasad Yadav, resident of at+ P.O.- Gourachouki, P.S.- Kajrali, District- Bhagalpur.
6. Pappu Mandal, son of Chunnu Mandal, resident of at Bahattra, P.O.- Raghopur, P.S.- Parbatta, District- Bhagalpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Joint Secretary, Education Department, Government of Bihar, Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The District Education Officer, Bhagalpur.
6. The District Programme Officer, (Establishment), Bhagalpur.
7. The Block Development Officer, Nathnagar Block cum Secretary, Block Appointment Committee, Nathnagar, Bhagalpur.
8. The Block Education Officer, Nathnagar, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Respondent/s :
Smt. B. Singh - Sc-28 Mr. Nishant Kumar Jha, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-04-2018 The petitioners are aggrieved by non-payment of salary.
Learned counsel for the petitioners submits that the petitioners were validly appointed after following the selection process in terms of the Rule and they are regularly discharging
Patna High Court CWJC No.16622 of 2017(4) dt.13-04-2018 2/2 duty but they have not been paid salary.
In the matter of payment of salary, the respondents are required to examine whether the appointment of the teachers are legal and valid and whether they have worked for the period they are claiming salary. Both the issues are within the domain of the authority.
Under the aforesaid circumstances the writ petition is disposed of with a direction to the respondents to verify the record and on verification of the records if it is found that the petitioners were validly appointed and they have worked for the period they are claiming salary, the respondents are under obligation to make payment of salary. The entire exercise must be completed by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of the order.
With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U