Uday Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4731 of 2020 ====================================================== 1.

Uday Kumar Singh Son of Sri Baiju Singh Resident of Village- Khaira, P.O.- Gamhari, P.S.- Uphara, District- Aurangabad, Presently working as Panchayat Teacher in Primary School, Bhaluhara, Block- Deo, DistrictAurangabad. 2.

Sumitra Kumari D/o Brija Prasad, Wife of Uday Kumar Singh Resident of Village- Khaira, P.O.- Gamhari, P.S.- Uphara, District- Aurangabad, Presently working as Panchayat Teacher in Primary School, Patal Ganga, Block- Deo, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The District Education Officer, Aurangabad.

3.

The District Programme Officer (Establishment), Aurangabad. 4.

The Block Education Officer, Deo, District- Aurangabad. 5.

The Headmaster, Primary School, Bhaluhara, Block- Deo, DistrictAurangabad. 6.

The Headmaster, Primary School, Patal Ganga, Block- Deo, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyama Kant Singh For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and the respondents.

Learned counsel appearing on behalf of the petitioners submits that salary of the petitioner was withheld after December12, 2019 whereas similarly circumstanced others are getting regular salary. He submitted that petitioners were appointed on compassionate ground and denying the salary by the respondents is causing undue hardship to the family of the

Patna High Court CWJC No.4731 of 2020(2) dt.06-03-2020 2/2 petitioners.

Under the aforesaid circumstances, the present writ application is disposed of with a direction to the District Programme Officer (Establishment), Aurangabad to verify whether the petitioners were appointed on compassionate ground or not and if it is found that the petitioners were appointed on compassionate ground and they are regularly working, the District Programme Officer (Establishment), Aurangabad is under obligation to ensure payment of salary arrears and current within a period of 30 days from the date of receipt/production of a copy of this order.

In the event of delay, the arrears will carry interest at the rate of 9% per annum which shall be borne by the District Programme Officer (Establishment), Aurangabad from his own pocket.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U