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Patna High CourtCWJC/4190/2023disposed

Basudeo Roy @ Basudeo Ram v. The State Of Bihar

2025-07-15Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4190 of 2023 ====================================================== Basudeo Roy @ Basudeo Ram, aged about 70 years, Male, Son of Late Labbi Roy, Resident of Village-Makesar, Post Office-Sripathar, Police StationDhoraiya, District-Banka. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Banka.

4.

The District Programme Officer (Establishment) Banka. 5.

The District Education Officer, Banka.

6.

The Regional Education Officer, Barahat, District-Banka. 7.

The Block Education Extension Officer, Dhoraiya, District-Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 15-07-2025 Heard Mr. Balram Kapri, learned counsel appearing on behalf of the petitioner and Mr. Amit Bhushan, learned AC to GP-17 appearing on behalf of the State.

2. The petitioner, who retired on 31.12.2012 as Primary Teacher, has filed this writ petition seeking a direction to the respondent authorities to make payment for

Patna High Court CWJC No.4190 of 2023(5) dt.15-07-2025 2/3 the period from 30.07.2007 to 31.12.2009 on which date the petitioner remained under suspension.

3. Respondent Nos. 4 & 5/ the District Programme Officer (Establishment), Banka and the District Education Officer, Banka have filed a counter affidavit, wherein, in paragraph no. 13, it has been stated that the payment of arrears of salary during the suspension period from 01.08.2007 to 31.12.2009 is being processed in favour of the petitioner vide Gyapank No. 1094 dated 27.03.2024.

4. Since the counter affidavit was filed as far back on 02.04.2024 with the aforesaid averments, by this time, the petitioner may have been paid the arrears of salary for the period under suspension.

5. Learned counsel appearing for the petitioner, however, has no instruction to that effect because of his inability to contact the petitioner.

6. Under the aforesaid circumstances, this writ petition is hereby disposed off with a direction to the respondents to pay the arrears of salary to the petitioner during which the petitioner remained under suspension as indicated in the paragraph 13 of the counter affidavit filed

Patna High Court CWJC No.4190 of 2023(5) dt.15-07-2025 3/3 by the respondent Nos. 4 & 5, if not already paid.

7. The writ petition is disposed of with the above direction.

(Nani Tagia, J) Nilmani/- U