Ram Rarayan Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14933 of 2013 =========================================================== Ram Narayan Pandey Son Of Late Sudama Pandey Resident Of Mohalla - Bypass Road, Sindicate Baba Nagar ( Near Bhawani Cement ), P.S. Buxar, District - Buxar .... .... Petitioner/s

Versus

1. The State Of Bihar through Commissioner - Cum - Secretary Human Resources Development Department Government of Bihar, Patna

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

3. The Regional Education Officer, Buxar

4. The District Magistrate, Buxar

5. The District Education Officer, Buxar

6. The District Programme Officer, Buxar

7. The Block Education Extension Officer, Brahmpur, Buxar

8. Smt. Kamla Devi Wife of Not Known, the Then Posted As Block Education Extension Officer, Brahmpur, Buxar

9. The Inchagre Head Master, Sapahi

10. Arvind Kumar Singh Son of Not Known, the Then in - Charge Headmaster, Sapahi

11. The Vidyalaya Shiksha Samittee, Primary School Sapahi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. MANOJ KUMAR SINGH For the State Mr. Kaushal Kr. Jha, AAG 14 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 30-03-2016 Heard.

The petitioner while serving as Headmaster of upgraded School, Sapahi, was assigned construction work of the school building. Certain fund was also made available to him. It is stated that the work was completed by the petitioner as his transfer order was stayed by the District Education Officer enabling him to complete the ongoing work assigned to him. Against the work so completed, the respondent released the amount through the bank instruments dated 11th June, 2010 for a sum of Rs.22,288/- and Rs. 61,200/-. Those cheques were drawn in favour of the Vidyalaya Shiksha Samittee, Primary School Sapahi.

Patna High Court CWJC No.14933 of 2013 dt.30-03-2016 2/2 The grievance is that the petitioner is entitled to receive the said amount which has not been paid to him. After having been shifted from that school, the petitioner superannuated from service. The dues of the petitioner remained unsatisfied.

Indisputably, the cheques were issued in favour of the Vidyalaya Shiksha Samittee, Primary School Sapahi which is a statutory Body. The writ application, in my view, deserves to be disposed of permitting the petitioner to agitate his grievance with respect to non payment of his legal dues as the agent of the extension work of the school before the Vidyalaya Shiksha Samittee, Primary School Sapahi with whom the funds are lying. If any such application is filed, the said Samittee shall examine the legitimate claim of the petitioner and take appropriate decision and/or pass appropriate order in accordance with law towards ventilation of the grievance of the petitioner as quickly as possible preferably within 06 weeks of such filing of the application/representation.

(Kishore Kumar Mandal, J) HR/- U