Nutan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19426 of 2016 ====================================================== Nutan Kumari, daughter of Satish Prasad, Resident of village - Chandi, P.S. Chandi, District - Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

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

4. The District Magistrate, Nalanda

5. The District Education Officer, Nalanda

6. The District Establishment officer, ( Est. ), Nalanda

7. The Block Education Extension Officer, Tharthari, Nalanda

8. The Mukhiya, Gram Panchayat, Tharthari, Nalanda

9. The Panchayat Secretary, Gram Panchayat, Tharthari, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Prakash Verma, Advocate Ms. Shalini, Advocate For the Respondent/s :

Mr. Prabhakar Jha-GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The writ petition was filed with two advance copies to the office of Advocate General on 2.12.2016 but unfortunately no counter affidavit was filed in the present case. The grievance of the petitioner in the present writ application is that his salary was not paid since 2012 and even order of the District Teachers Employment Appellate Authority, Nalanda dated 9.10.2015 for payment of salary has proved illusionary as the respondents have not carried out the order of

Patna High Court CWJC No.19426 of 2016(2) dt.13-02-2018 2/2 the Appellate Authority in Appeal No. 309 of 2010. Under the aforesaid circumstances, instead of keeping the matter pending, the writ petition is disposed of with direction to the respondent no.6 the District Education Officer, Nalanda to ensure compliance of the direction of the Appellate Authority within a maximum period of one month from the date of receipt /production of a copy of this order particularly in view of the fact that out of three similarly circumstanced teachers, respondents have made payments of two excluding the petitioner without rationale justification.

In the event of non-payment of salary within the time prescribed by the court, the arrears will carry interest at the rate of 9 per cent per annum from the date of accrual to the date of actual payment and it shall be borne out from the pocket of erring Officers for whose lapses the petitioner remain without salary even after order of the Appellate Authority, the District Education Officer is required to fix accountability and realize interest from the erring Officers.

(Anil Kumar Upadhyay, J) Ravi/- U