Ajay Kumar Thakur And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15439 of 2018 ====================================================== 1.

Ajay Kumar Thakur Son of Dev Narayan Thakur, Resident of VillageBaghopur, P.O.- Nandenagar Balaha, P.S.- Rosera, District- Samastipur, Presently posted as Panchayat Teacher at Primary School, Mahto Tol, Panchayat- Khanpur South, Block- Khanur, District- Samastipur and appointed 05.10.2017 and Joined on 19.11.2017. 2.

Pankaj Kumar, Son of Surya Narayan Sahu, Resident of Village- Hanuman Nagar, P.O.- Bharwari, P.S.- Rosera, District- Samastipur, Presently Posted as Panchayat Teacher, Primary School, Mahto Tol, Panchayat, Khanpur South, Block- Khanpur, District- Samastipur who was appointed on 26/12/17 and joined on 9/1/18.

3.

Santosh Kumar, Son of Avinash Prasad, Resident of VillageP.O.- Hansa, P.S.- Warishagar, District- Samastipur, Presently posted as Panchayat Teacher, Primary School, Noniya Tol, Panchayat- Khanpur South BlockKhanpur, District- Samastipur, whos was appointed on 26/12/17 and joined on 10/1/18.

4.

Munni Kumari, Daughter of Upendra Prasad Karn, Resident of VillageP.O.- Chhataneshwar, P.S.- Waris Nagar, District- Samastipur, Presently posted as Panchayat Teacher, Primary School, Madhuvan Chowk, PanchayatKhanpur, South Block Khanpur, District- Samastipur who was appointed on 4/1/18 and joined on 2/2/18.

5.

Khushabu Kumari, Daughter of Ashok Mahto, Resident of Village- Chakka, P.O.- Khanpur, P.S.- Khanpur, District- Samastipur, Presently posted as Panchayat Teacher, Panchayat Raj Khanpur South, Block- Khanpur, DistrictSamastipur, who was appointed on 5/10/17 and joined on 10/10/17. 6.

Saroj Kumari, Daughter of Arun Mandal, Resident of Village- Siropatti, P.O.- Ilmas Nagar, P.S.- Khanpur, District- Samastipur, Presently posted as Panchayat Teacher, Primary School, Mahto Tol, Panchayat- Khanpur South, Block- Khanpur, Dist- Samastipur who was appointed on 2/11/17 and joined on 6/11/17.

7.

Rina Kumari, Daughter of Vishnu Deo Rai, Resident of Village- Raghu Nathpur, P.O.- Kishanpur, P.S.- Waris Nagar, District- Samastipur, Presently posted as Panchayat Teacher, Primary School, Noniya Tol, PanchayatKhanpur South, Block- Khanpur District- Samastipur who was appointed on 5/10/17 and joined on 11/10/17.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Samastipur.

3.

The District Programme Officer Establishment Samastipur. 4.

The Treasury Officer, Samastipur.

5.

The Block Development Officer, Khanpur, Samastipur. 6.

The Block Education Officer, Khanpur, Samastipur.

Patna High Court CWJC No.15439 of 2018(2) dt.11-07-2019 2/3 7.

The Panchayat Secretary, Khanpur South, Khanpur, Samastipur. 8.

The Mukhiya, Khanpur South, Khanpur, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate Mr. Mukesh Kumar, Advocate For the Respondent/s :

Mr.Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners have filed the present writ petition for a direction to the respondents for payment of salary. This writ petition was filed on 3.8.2018 after service of two advance copies on the office of the Advocate General but till date the respondents have not filed any counter affidavit. In the circumstances, as the writ petition involves dispute with regard to payment of salary, the Court is of the view that there is no point in keeping the writ petition pending. The writ petition is, accordingly, disposed of with a direction to the District Programme Officer (Establishment), Samastipur to examine the validity of the appointment of the petitioners and also verify the records to ascertain whether the petitioners have worked as Panchayat Shikshak. If it is found that appointment of the petitioners is valid and they have worked, necessary decision granting payment of salary to the

Patna High Court CWJC No.15439 of 2018(2) dt.11-07-2019 3/3 petitioners must be taken by the respondents at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U