Patna High CourtCWJC/7921/2015disposed

Ramesh Kumar Singh v. The State Of Bihar And ORS

2023-02-17Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7921 of 2015 ====================================================== Ramesh Kumar Singh son of Late Agarchand Singh, Resident of VillageBalchanda, P.S.- Kursaknta District-Araria. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Human Resources Department, Govt. of Bihar, Patna

2. The District Education Officer, Araria

3. The Executive Officer Cum Block Development Officer, Panchayat Samiti Kursakanta, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Respondent/s :

Mr. Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 17-02-2023 Heard the parties.

2. The petitioner, by way of this writ petition, assailed the order dated 04.04.2015, whereby his services were sought to be terminated.

3. An affidavit has been filed on behalf of the respondent No.4 stating therein that the Bihar State Elementary Teachers (Employment and Service Condition) (Amended) Rules, 2015 (hereinafter referred to as "the Rules") had been notified on 08.09.2015, whereby the teachers, who have failed twice in efficiency test, will be given one more chance to appear in efficiency test and keeping in view the

Patna High Court CWJC No.7921 of 2015 dt.17-02-2023 2/2 above notification, the petitioner has been allowed to continue.

4. Learned counsel for the petitioner submits that the salary has not been released to the petitioner.

5. This Court, in the case of Pallavi Kumari Vs. State of Bihar & Ors., passed in C.W.J.C No. 22186 of 2019 and analogous cases, has held that the salary has to be released to those persons who are performing their duties.

6. In view thereof, the petitioner is granted liberty to appear again in the efficiency test, as three chances are required to be given. It is further directed that the respondents shall release the salary of the petitioner, if the same has not been released as yet.

7. Accordingly, with the above observation and direction, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 39 AFR/NAFR CAV DATE Uploading Date 20.02.2023 Transmission Date