Nidhi Bhargava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3576 of 2020 ====================================================== Nidhi Bhargava Wife of Lokesh Bhargava Resident of Bishwambhar Sadan, Justice Raj Kishore Path, P.S.- Kadamkuan, District/Town- Patna. ... ... Petitioner

Versus

1.

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

2.

The Director, Secondary Education, Government of Bihar, Patna. 3.

The District Education Officer, Patna.

4.

The Managing Director Dayanand Girls High School (Government Aided Minority Secondary School), Mithapur, P.S.- Jakkanpur, District- Patna. 5.

The Secretary Dayanand Girls High School Mithapur, P.S.- Jakkanpur, District- Patna.

6.

The Principal Dayanand Girls High School Mithapur, P.S.- Jakkanpur, District- Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar, Advocate For the Respondents :

Mr.Madanjeet Kumar GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Earlier the petitioner had approached this Court in CWJC No. 5622 of 2014 against the order of the Director, Secondary Education dated 12.11.2013 whereby the Director has cancelled appointment of the petitioner.

On appeal being LPA No. 759 of 2016, the Division Bench of this Court quashed the order of the writ court and the Court held that the action of the Director is arbitrary and

Patna High Court CWJC No.3576 of 2020(2) dt.25-02-2020 2/2 unreasonable.

Now the petitioner has approached this Court for a direction to the respondents to make payment of arrears of salary for the period from November 2013 to June 2018. Since the order of termination was set aside by the Division Bench and directed regularization of service of the appellant-petitioner and payment of all consequential benefits accruing thereto, as a result thereof, the respondents are under obligation to pay all consequential monetary benefits during the whole service of the petitioner.

Considering the aforesaid direction issued by the Division Bench in LPA No. 759 of 2016, the writ petition is disposed of with a direction to the respondents to ensure payment of arrears of salary for the aforesaid period at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U