Jay Nath Dubey v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5597 of 2020 ====================================================== 1.

Jay Nath Dubey Son of Sri Kedar Nath Dubey, resident of Village Jagdishpur, P.O. Chainpur, P.S. Siswan, District Siwan (Bihar), Pin Code841203 at present Block Teacher in Upgraded Middle School, Nawada, Siswan, Siwan.

2.

Sumant Kumar, Son of Sri Nagmani, resident of Itwan, P.O. and P.S. Gurua, District Gaya (Bihar), Pin Code- 824205 at present Block Teacher in Upgraded Middle School, Saraut, Siswan, Siwan. 3.

Baban Kumar Sah, Son of Sri Jawahar Lal Sah, resident of VillageMadhwapur, P.O. Chhitauli, P.S. Siswan, District- Siwan, Pin Code- 841203 at present Block Teacher in Middle School, Parari, Siswan, Siwan. 4.

Sandeep Kumar Tiwari, Son of Sri Daya Shankar Tiwari, resident of Village, P.O. and P.S.- Guthani, District Siwan, Pin Code- 841435 at present Block Teacher in Middle School, Madhopur, Siswan, Siwan. 5.

Kumari Chhaya Singh, daughter of Sri Pashupati Nath Singh, resident of Kodaila, P.O. Andar, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Arjanipur, Siswan, Siwan. 6.

Pradip Kumar Dubey Son of Sri Vijay Shankar Dubey, resident of Vill.- Maniya, P.O. Asawn, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Arjanipur, Siswan, Siwan. 7.

Munni Kumariesevi daughter of Sri Nagendra Singh, resident of Vill. and P.O. Nandamura, P.S. Siswan, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Nandamura, Siswan, Siwan. 8.

Pragya Wife of Sri Bivash Chandra Swivedi, residnt of Vil. - Harail, P.O. Harail, District- Samastipur, Pin Code- 848501 at present Block Teacher in Middle School, Chhitauli, Siswan, Siwan.

9.

Kumari Rambha Goswami, Wife of Sri Dharmendra Giri, resident of Vill.- Chandpali, P.O. Kishunpur Mishrauli, P.S. Ziradei, District Siwan, Pin Code841245 at present Block Teacher in Middle School, Chhitauli, Siswan, Siwan.

10.

Dhananjay Kumar Singh Son of Sri Deonath Singh, resident of Vill. Sabili, P.O.- Khajuhatti, P.S. Baikunthapur, District Gopalganj, Pin Code- 841409 at present Block Teacher in Upgraded Middle School, Jagdishpur, Siswan, Siwan.

11.

Sanjay Yadav, Son of Fagu Yadav, resident of Vill. Badheya, P.S. Darauli, District- Siwan (Bihar) at present Block Teacher in Middle School, Noniyapatti, Siswan, Siwan.

12.

Deepak Kumar Singh, Son of Sri Harendra Singh, resident of Vill.- Salahpur, P.S. Andar, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Harihar Chhapra, Siswan, Siwan. 13.

Kumari Namrata daughter of Sri Jagat Narayan Tiwari, resident of Vill.- Koharwaliya, P.S. Guthani, District Siwan (Bihar) at present Block Teacher in Middle School, Ghurghat, Siswan, Siwan.

14.

Sonu Kumar Son of Sri Ram Kishor resident of Vill. and P.O. Narendrapur,

2/4 District- Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Mahanagar, Siswan, Siwan.

15.

Anil Kumar Son of Sri Anirudh Prasad, resident of Vill. and P.O.- Narendrapur, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Dera Rai Ke Bangara, Siswan, Siwan. 16.

Kumari Sunita Yadav daughter of Sri Mahesh Yadav, resident of Vill. Amarpur, P.S. Darauli, District Siwan (Bihar) at present Block Teacher in Upgraded Middle School, Jagdishpur, Siswan, Siwan. 17.

Jitendra Kumar Yadav, Son of Gaya Prasad Yadav, resident of Vill.- Amarpur, P.S. Darauli, District Siwan (Bihar) at present Block Teacher in Govt. Middle School, Bhagar, Siswan, Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Siwan.

5.

The District Programme Officer (Establishment), Siwan. 6.

The Block Development Officer, Siswan, Siwan. 7.

The Block Education Officer, Siswan, Siwan.

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

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Ms. Binita Singh (SC- 26) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2022 Heard Mr. Arvind Kumar, the learned Advocate for the petitioners and Ms. Binita Singh, the learned counsel for the State.

The petitioners have prayed for a direction to the respondents to pay them their monthly salary after fixing they pay scale as also the arrears of salary with interest thereupon as they have been working as Block Teachers in

3/4 various Middle and Upgraded Middle Schools under Siswan Block in the district of Siwan but they have not been paid their salary for all this while.

The petitioners have been appointed as Block Teachers by the Employment Committee of the respective area and after their appointment, they have joined their respective school of posting. Their documents have been verified and a certificate also has been issued by the Headmasters of such schools where they have been discharging their functions as required of them. However, for no apparent good reason, they are not being paid their salary. The representations preferred by the petitioners have also fallen on deaf ears. There does not appear to be any explanation for such an apathetic approach of the respondents.

Under the aforesaid circumstances, this Court directs the District Programme Officer, (Establishment), Siwan (respondent no. 5) to examine the claim of the petitioners and if it is found that there is no irregularity in their appointments or that they are working against the said

4/4 post as Block Teachers, necessary order shall be passed for directing for payment of their arrears and current salary. The aforesaid order shall be passed within a period of six weeks of the petitioners presenting a copy of this order before respondent no. 5.

Any delay in the matter would be viewed adversely.

The writ petition stands disposed of with the aforesaid direction / observation.

(Ashutosh Kumar, J) sunilkumar/- U