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Patna High CourtCWJC/9381/2019disposed

Alakh Kumar Shukla v. The State Of Bihar

2023-12-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9381 of 2019 ====================================================== Alakh Kumar Shukla son of Prabhu Nath Shukla resident of Bansgaon, Majharia, P.O.- Majharia, P.S. Bhairoganj, District West Champaran, Bihar845106. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Secondary Education, Department of Education, Government of Bihar, Patna.

3.

The District Education Officer, Gopalganj.

4.

The District Programme Officer (Establishment), Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar Sinha Mr. Nagadeo Choubey For the Respondent/s :

Mr. Madanjeet Kumar (GP-20) Mr. Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2023

1. Heard learned counsel for the parties concerned.

2. The relief sought for by the petitioner in the present writ application is for payment of salary for the period from 24.01.2012 to 31.01.2018.

3. The petitioner joined as a Teacher of Social Science in Sahu Jain Girls High School, Mirganj, Gopalganj, which is a fully government aided school.

4. Learned counsel for the petitioner submits that the services of the petitioner has been approved by the Director, Secondary Education. The petitioner started

Patna High Court CWJC No.9381 of 2019(3) dt.11-12-2023 2/3 getting regular salary w.e.f. February, 2018, though the services of the petitioner was approved from the date of his joining i.e. 24.01.2012, but the salary for the period from 24.01.2012 to 31.01.2018 has not been paid.

5. A counter affidavit has been filed by the respondents that it is true that the petitioner's services were approved by the Director, Secondary Education, w.e.f. 24.01.2012, vide Memo No. 903, dated 06.09.2017, with a clear stipulation that the payment of fixed salary of the petitioner shall be made by the concerned District Education Officer, after getting the verification of the educational and training certificates from the concerned institution.

6. The case of the petitioner is that various representations, for payment of salary for the period of 24.01.2012 to 31.01.2018, have already been filed in the Office of District Education Officer and the District Education Officer, Gopalganj is the competent authority to ensure the payment of salary of the petitioner in accordance with law.

7. In view of the rival submissions and the fact that representations have already been filed regarding

Patna High Court CWJC No.9381 of 2019(3) dt.11-12-2023 3/3 payment of arrears of salary of the petitioner for the above mentioned period before the District Education Officer, accordingly, District Education Officer, Gopalganj, is directed to take necessary decision for payment of arrears of salary of the petitioner for the period from 24.01.202 to 31.01.2018, after verification, within a period of two months from the date of receipt/production of the copy of this order.

8. With aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U