Rekha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14312 of 2018 ====================================================== Rekha Kumari Wife of Rajeev Ranjan Resident of Village Attawa, P.O. Gonawa, P.S. and District Nawada.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Collector, Nawada.

3.

The District Programme Officer Establishment, Nawada. 4.

The Block Development Officer, Govindpur, District - Nawada. 5.

The Block Education Officer, Govindpur, District Nawada. 6.

The In-Charge, Headmaster, Uchch Madhya Vidyalaya, Ektara Govindpur, District - Nawada.

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate Mr. Hansraj, Advocate For the Respondent/s :

Mr. Apurv Harsh, A.C. to S.C. 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The petitioner has approached this Court for a direction to respondents to make payment of salary. Learned counsel for the petitioner submits that salary was denied to the petitioner stating that without any intimation the petitioner has absented. Learned counsel for the petitioner submits that the petitioner sustained burn injury and thereafter she telephonically as well as in writing informed the Block Education Officer at Govindpur, Nawada. The petitioner, on recovery joined the school. Thereafter she filed representation before the District

Patna High Court CWJC No.14312 of 2018(2) dt.11-07-2019 2/2 Programme Officer yet no action was taken for payment of arrears of salary as well as the current salary. This writ petition was filed on 20.07.2018 after service of two advanced copies to office of the Advocate General, but nearly one year passed, no counter affidavit has been filed in this case.

The Court is constrained to dispose of the writ application with a direction to the District Programme Officer to ensure the disposal of the representation filed by the petitioner on 30.04.2018 and take appropriate decision with regard to the payment of salary. If there is intimation of burn injury by the petitioner on telephone or in writing, then the case of the petitioner cannot be termed as unauthorized absence. Necessary decision on the claim of the petitioner for payment of the salary arrears and current must be taken by the respondent District Programme Officer within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the present writ petition is disposed of.

(Anil Kumar Upadhyay, J) uma/- U