Sindhu Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4514 of 2020 ====================================================== 1.

Sindhu Kumari, W/o Rajiv Ranjan Baitha, D/o Lalji Baitha, R/o Village Parahiya, P.O. Khujhawan, P.s. Raghunathpur, District Siwan. 2.

Kumari Nilam Gupta, W/o Sri Rajesh Kumar, R/o Village Tiyany, P.s. Andar, District Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Govt. of Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Siwan.

5.

The District Education Officer, Siwan.

6.

The District Programme Officer (Establishment) Siwan. 7.

The Block Development Officer, Andar, Siwan.

8.

The Block Education Officer, Andar, Siwan.

9.

The Prakhand Pramukh, Andar, Prakhand, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Mrs.Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the respondents.

The present writ application involves the issue of payment of salary.

Taking work and denying salary amounts to violation of Article 23 of the Constitution of India.

Learned counsel for the petitioners submits that the

Patna High Court CWJC No.4514 of 2020(2) dt.05-03-2020 2/2 petitioners have not been paid salary since November, 2018. Considering the aforesaid, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Siwan to take appropriate decision with regard to the claim of the petitioners for payment of salary after verification of the record. The District Programme Officer (Establishment), Siwan shall verify the legality and validity of the appointment of the petitioners and also to verify the actual period of working of the petitioners and on satisfaction as to the legality and validity of the appointment and actual working of the petitioners, the respondent District Programme Officer (Establishment), Siwan shall pass appropriate order for payment of salary.

Necessary decision in this regard may be taken by the respondent District Programme Officer (Establishment), Siwan at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U