Mahesh Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7243 of 2020 ====================================================== 1.
Mahesh Sinha, son of Ramesh Sinha, husband of Late Nibha Kumari, resident of Mohalla- Khand Par, P.S.- Sheikhpura, District- Sheikhpura 2.
Navin Kumar, son of Surendra Nath Vishwakarma, resident of village- Gour Bigha, P.O.- Malikpur, P.S.- Rajgir, District- Nalanda (Biharsharif) 3.
Chandan Kumar, son of Ashok Kumar, resident of village- Gaway, P.S.- Sheikhpura, District- Sheikhpura 4.
Punita Kumari Rajan, wife of Late Sunil Raot, resident of villageChathiyara, P.S.- Sheikhpura, District- Sheikhpura 5.
Modassir Barkat, son of Md. Kalam Uddin, resident of Mohalla- Sakumat, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2.
The Principal Secretary, Department of Education, Government of Bihar, Patna 3.
The Secretary, Department of Education, Government of Bihar, Patna 4.
The Deputy Secretary, Department of Education, Government of Bihar, Patna 5.
The Director, the State Council of Educational Research and Training, Mahendru, District- Patna 6.
The Regional Deputy Director of Education, Munger, 7.
The District Education Officer, Sheikhpura 8.
The District Programme Officer (Establishment), Sheikhpura 9.
The Block Development Officer-cum-Secretary, Prakhand Teachers Niyojan Unit, Sheikhpura 10.
The Block Development Officer-cum-Secretary, Prakhand Teachers Niyojan Unit, Ariyari, District- Sheikhpura 11.
The Block Development Officer-cum-Secretary, Prakhand Teachers Niyojan Unit, Ariyari, District- Sheikhpura 12.
The Block Education Officer, Sheikhpura 13.
The Block Education Officer, Chewara, District- Sheikhpura 14.
The Block Education Officer, Ariyari, District- Sheikhpura 15.
The Block Education Officer, Shekhopur Sarai, District- Sheikhpura 16.
The Panchayat Secretary-cum-Panchayat Niyojan Unit, Nimi, DistrictSheikhpura 17.
The Headmaster, Middle School, Andauli, Chewara, District- Sheikhpura
2/4 18.
The Headmaster, Primary School, Wahikatta, Anchal- Shekhopur Sarai, District- Sheikhpura 19.
The Headmaster, Middle School, Lodipur, Anchal and District- Sheikhpura 20.
The Headmaster, Primary School, Kewali, Anchal- Chewara, DistrictSheikhpura 21.
The Headmaster, Middle School, For Par, Anchal- Ariyari, DistrictSheikhpura ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Respondent/s :
Mr.Lalit Kishore (A.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2021 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.
The present writ petition has been filed for quashing the memo No. 80 dated 16.04.2020 issued by the Block Education Officer, Chewara, Sheikhpura (respondent No. 13) whereby the salary of the petitioners have been stopped.
In pursuance to the order dated 21.01.2021, Mr. Sanjay Kumar, Principal Secretary, Department of Education, Government of Bihar is physically present. He has enlightened the Court about the action taken
3/4 by the Department in the matter of payment of salary to those who are presently working, pursuant to the order dated 26.04.2018 passed by this this Court in C.W.J.C. No. 18566 of 2017 and other cases related therewith.
In this case, a supplementary counter affidavit has been filed wherein in so many words, assurance has been given that those petitioners who are working pursuance to the order of this Court passed in C.W.J.C. No. 18566 of 2017 and other cases shall receive their salaries until any adverse decision by the L.P.A. Court.
In view of the stand taken by the respondents and the assurance made in the supplementary counter affidavit, the present writ petition stands disposed off. The Court appreciates the valuable assistance rendered by Mr. Sanjay Kumar, Principal Secretary, Department of Education, Government of Bihar. The presence of Mr. Sanjay Kumar, Principal
4/4 Secretary, Department of Education, Government of Bihar and the Director, Primary Education are dispensed with.
(Anil Kumar Upadhyay, J) Shageer/- U