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Patna High CourtCWJC/19162/2016disposed

Kaushal Kumar v. The State Of Bihar And ORS

2018-02-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19162 of 2016 ====================================================== Kaushal Kumar Son of Durga Ram, resident of Village- Barbakpur Dharni Tola, P.O.- Pirauna, P.S. Garkha, District- Saran, Presently working as an acting Head Master, Upgraded Middle School, Newal Tola, Sonepur, DistrictSaran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The District Programme officer, Saran, Chapra.

3. Md. Nasruddin, Block Drawing and Disbursing Officer Sonepur Block, Sonepur, Working as a Head Master, Keshwa Kanya Middle School, Sonepur, District- Saran.

4. The Acting Head Master, Sishu Sangh, Middle School (Massenger), Sonepur, District- Saran.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadav- GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 12-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the District Programme Officer (Establishment), Saran has issued direction to the Drawing and Disbursing Officer, Respondent No. 3 way back on 31.08.2013 but even after expiry of more than 4 1⁄2 years the entire salary has not been paid pursuant to the aforesaid direction dated 31.08.2013, as contained in Annexure-1 to the writ petition. The present writ petition was filed on 29th November, 2016 with two advance copy to the office of the Advocate General but neither

Patna High Court CWJC No.19162 of 2016 dt.12-02-2018 2/2 the counter affidavit has been filed on behalf of the respondents nor the grievance of the petitioner has been fully redressed. Under the aforesaid circumstances, the writ petition is disposed of with the direction to the District Programme Officer (Establishment), Saran, respondent No. 2 to take coercive measure against the respondent Nos. 3 and 4 including stoppage of their salary to ensure payment of entire admissible dues of the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2018 Transmission Date