Renu Kumari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8353 of 2015 ====================================================== 1.

Renu Kumari Daughter of Sri Kameshwar Manjhi by resident of village + Post Office- Bardahiya, Police Station - Marhowrah, District- Saran, presently residing at village Dhenuki, P.O. + P.S. Marhowrah, District, Saran 2.

Madhu Kumari, Daughter of Nagendra Ram by resident of VillageSonauli, Post Office- Sonauli, Police Station Masrakh, District- Saran, presently residing at AMS, Marhowrah, Post Office- Marhowrah, Police Station Marhowrah, District- Saran

3. Kumari Vinodita, Daughter of Satya Narayan Ram, by resident of village + Post - Rasulpur, Police Station - Amnour, District- Saran, presently residing at AGMS, Marhowrah, Police Station Marhowrah, District- Saran

4. Ravindra Kumar, son of Ram Sewak Paswan by resident of villageArari, P.O. Dharhara, P.S. Sarai, District- Vaishali, presently residing at Denuki PO + PS Marhowrah, District- Saran, Bihar ... ... Petitioner/s

Versus

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

2. The District Education Officer, Saran at Chapra

3. The District Programme Officer, Saran at Chapra

4. The Block Education Officer, Marrahora, Saran at Chapra

5. The Circle Officer cum Executive Officer, Marhowrah, Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Binay Kumar Pandey, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-12-2018 Four petitioners have filed the present writ petition for a direction to the respondents to make payment of salary from 25.08.2014.

On behalf of the respondent- District Programme Officer a counter affidavit has been filed wherein statement has been made to the extent that the Circle Officer-cum-Executive Magistrate, Nagar Panchayat Marrahora, Saran is the concerned authority who is directly connected with the issue of payment of salary to the petitioners and as such a letter was issued to the Executive Magistrate for filing affidavit in the instant case. No

Patna High Court CWJC No.8353 of 2015(2) dt.05-12-2018 2/2 affidavit has been filed on behalf of the Executive Magistrate or the Circle Officer despite letter of the District Programme Officer.

Neither the petitioners' counsel is present nor any further affidavit has been filed either on behalf of the respondents or the petitioners to apprise the Court about the latest position.

The matter of payment of arrears salary depends on verification of the records and as such instead of keeping the writ petition pending, it is disposed of with a direction to the respondent Circle Officer -cum- Executive Officer, Marhowrah, Saran to verify the record and if it is found that the petitioners have been validly appointed and they have been working, necessary order for payment of their salary must be passed, if not already passed, within a maximum period of 60 days from the 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