Shahanshah Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.233 of 2017 ===========================================================

1. Shahanshah Alam, son of Md. Ismail, resident of Ward no. - 6, Village - Vaysi via Karjain Bazar, P.S. - Karjain Bazar, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, District - Supaul.

2. The District Education Officer, District - Supaul.

3. The District Programme Officer, District - Supaul.

4. The Block Education Officer, Block - Raghopur, District - Supaul.

5. The Head Master, Vayasi Gadhi (Vayasi) Middle School, Block - Raghopur, District - Supaul.

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

For the Petitioner/s : Mr. Shaishav Kumar For the Respondent/s : Mr. Arvind Kumar, A.C. to G.P.-GP23 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 21-03-2018 Learned counsel for the petitioner is permitted to make necessary correction in the details of respondent No.2 during the course of the day.

Heard learned counsel for the petitioner, counsel appearing on behalf of State.

Petitioner has filed the present application for a direction to the respondent to make payment of the remuneration to the petitioner for the period November, 2013, December, 2013, January, 2014 and April to December, 14.

In the counter affidavit at paragraph 12, the respondent have admitted the fact that by proceeding dated 27.12.2014, the petitioner

Patna High Court CWJC No.233 of 2017 dt.21-03-2018 2/2 was removed, therefore, up to 27.12.2014, petitioner has worked and thereafter he was removed, Annexure-C dt. 27.12.2014. In view of the admitted factual position that the petitioner was removed only on 27.12.2014, the respondents are required to work out the arrear payable to the petitioner up to 27.12.2014 as there is no dispute that petitioner had not worked for the aforesaid period, i.e., up to 27.12.2014.

Accordingly, the writ application is disposed of with a direction to the respondent No.3, District Programme Officer, Supaul who is directed to work out the entitlement of the petitioner's arrear during the period the petitioner has actually worked by verification of record and after verification of record, the respondent No.3 is directed to ensure payment to the petitioner within a maximum period of three months from the date of receipt of a copy of this order. With the aforesaid direction, this writ application is disposed of. (Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date