Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5180 of 2020 ====================================================== 1.
Rajesh Kumar Son of Sri Surendra Prasad, Resident of Village- Kurthia, P.o.- Raisa, P.s.- Chandi, District- Nalanda, Presently working as Block Teacher in Middle School, Shiv Nagar, Parwalpur, Nalanda 2.
Rita Kumari Wife of Sri Mahesh Kumar, Resident of Village- Sigriama, P.o. and P.s.- Shahjahanpur, District- Nalanda, presently working as Block Teacher in Upgraded Middle School, Mai, Parwalpur, Nalanda 3.
Shambhu Nath Gupta Son of Sri Rajnandan Prasad, Resident of VillagePakdi Sarai, P.o.- Mirchaiganj, P.s. and District - Nalanda, presently working as Block Teacher in Upgraded Middle School, Vijaipura, Parwalpur, Nalanda 4.
Karuna Kumari D/o Sri Kamlesh Kumar Singh, Wife of Sri Vikas Kumar Vishal, Resident of Village- Daniyama Pendapur, P.s.- Ekangar Sarai, District- Nalanda, presently working as Block Teacher in Middle School, Bangpur, Parwalpur, Nalanda 5.
Amrendra Kumar Son of Dukhi Mahto, Resident of Village- Brahm Asthan, P.o.- Rukhai, P.s.- Chandi, District- Nalanda, presently working as Block Teacher in Upgraded Middle School, Milkipar, Parwalpur, Nalanda 6.
Rekha Kumari Wife of Sri Kundan Kumar Resident of Village- Jai Prakash Pur, P.o. and P.s.- Noorsarai, District- Nalanda, presently working as Block Teacher in Upgraded Middle School, Milkipar, Parwalpur, Nalanda 7.
Rita Kumari Wife of Sri Pradeep Kumar, Resident of Village and P.o.- Maghra, P.s.- Deep Nagar, District- Nalanda, presently working as Block Teacher in Middle School, Dumri, Parwalpur, Nalanda 8.
Ranjeet Kumar Son of Sri Shailendra Prasad, Resident of Village and P.o.- Meyar, P.s.- Noorsarai, District- Nalanda, presently working as Block Teacher in Upgraded Middle School, Milkipar, Parwalpur, Nalanda 9.
Anil Kumar Prasad son of Sri Ram Chandra Prasad, Resident of VillageMuzaffarpur, P.o.- Maijra Madhar, P.s.- Ben, District- Nalanda, presently working as Block Teacher in Upgraded Middle School, Mirzapur, Parwalpur, Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna
Patna High Court CWJC No.5180 of 2020(2) dt.12-03-2021 2/3 2.
The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna 3.
The District Education Officer, Nalanda 4.
The District Programme Officer (Establishment), Nalanda 5.
The Block Development Officer-cum-Member Secretary, Block Employment Unit, Parwalpur, P.o. and P.s.- Parwalpur, District- Nalanda 6.
The Block Education Officer, Parwalpur, P.o. and P.s.- Parwalpur, DistrictNalanda ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Bihari Singh, Advocate For the Respondent/s :
Mr.Madhukant Mishra, AC to SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and the State.
The issue involved in the present writ petition is payment of salary.
Learned counsel appearing on behalf of the petitioners were validly appointed and working since March, 2015, but they have not been paid salary .
Taking work and denying salary amounts to Beggari which is prohibited under Article 23 of the Constitution of India. Considering the stand taken by the petitioners, the writ petition is disposed of with direction to the respondents to examine the legality and validity of the appointment of the petitioners and if the appointment of the petitioners is found to be legal and valid, the petitioners must be paid arrears as well as current salary within a maximum period of 4 months from the
Patna High Court CWJC No.5180 of 2020(2) dt.12-03-2021 3/3 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