Sanoj Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13544 of 2011 ====================================================== Sanoj Kumar Pandey S/O Shri Rampadarath Pandey Village- Sakarpura, P.O.- Teyar, Block- Akbarpur, District - Nawada .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary H.R.D Department, Vikas Bhawan, Patna

2. The Director, Primary Education H.R.D Department, Vikas Bhawan, Patna

3. The District Education Officer, Nawada

4. The Block Education Extension Officer, Akbarpur, Nawada

5. The Head Master, Middle School, Diri, Block- Akbarpur, Ditt.- Nawada

6. The Mukhiya, Gram Panchayat-Sakarpura, Block Akbarpur Distt.- Nawada

7. The Panchayat Secretary, Grampanchayat-Sakarpura, Distt.- Nawada .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-03-2016 Heard Sri Sanjay Kumar, learned counsel for the petitioner and learned AC to AAG No. 9.

In the present writ petition which is filed under Article 226 of the Constitution of India the petitioner has made a limited prayer for directing the respondents to pay his salary with effect from 14.7.2006 and also current salary. The petitioner has claimed that he is functioning as Panchayat Teacher in Middle School, Diri, Block - Akabarpur district -Nawada. In this case a counter affidavit was filed in the year 2013 on behalf of the respondent no. 3 i.e. District Education

Patna High Court CWJC No.13544 of 2011 (3) dt.04-03-2016 2/2 Officer, Nawada and in paragraph no. 5 of the counter affidavit a stand has been taken that Rs. 2,04,000/- has already been paid to the petitioner in lieu of arrear salary and further stand was taken that petitioner will be given current salary and any other arrear subject to availability of fund.

Learned counsel for the petitioner submits that despite his best effort after filing of the counter affidavit he has not been able to get further instruction and he makes a payer for disposal of the present writ petition with an observation that the respondents may take steps in view of the statement made in the counter affidavit.

In view of the submission made by learned counsel for the petitioner as well as the facts disclosed in the counter affidavit the court proposes to dispose of the present writ petition with expectation that if current salary is not being paid to the petitioner after clearance of arrear of salary the respondents shall take steps to make payment of salary to the petitioner regularly in accordance with law.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U