Ram Nishan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7096 of 2020 ====================================================== 1.

Ram Nishan Yadav Son of Sri Devendra Prasad Yadav, Resident of Mohalla/Village- Hanuman Nagar, P.S. Bahera, District- Darbhanga. 2.

Photo Kumari, Wife of Sri Madhuram Yadav, Resident of Village- Hanuman Nagar, Bharat Chowk, P.S. Ghanshyampur, District- Darbhanga. 3.

Rajesh Kumar Choudhary, Son of Sri Shashi Bhushan Chaudhary, Resident of Village- Makrampur, P.S.- Bahera, District- Darbhanga. 4.

Bipin Kumar, Son of Sri Hari Nandan Prasad Singh, Resident of VillageMeghana, P.S. Alauli, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department (Human Resources Development Department), Government of Bihar, Patna. 3.

The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.

4.

The District Education Officer, Darbhanga.

5.

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

The Block Education Officer, Biraul, Block and P.S. Biraul, DistrictDarbhanga. 7.

Panchayat Secretary, Gram Panchayat Raj, Arga Usari, Block- Biraul, District- Darbhanga.

8.

The Headmaster, Primary School, Jagdishpur, Block- Biraul, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra Jha 3, Adv.

For the Respondent/s :

Ms. Abhanjali, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2020 Heard Mr. Satish Chandra Jha No.3, learned counsel for the petitioners and Ms. Abhanjali, learned A.C. to G.A.12 through Video Conferencing.

By order dated 23.07.2020, the respondents were directed to file counter affidavit but till date the counter affidavit

Patna High Court CWJC No.7096 of 2020(3) dt.17-09-2020 2/2 has not been filed.

Learned counsel for the petitioners submits that in view of letter (Annexure 3) of the Principal Secretary, Education Department, the petitioners filed a detailed representation for payment of their salary. The salary of the petitioners has not been paid since July, 2019. It is submitted that the representation (Annexure 4) of the petitioners be disposed of by the District Programme Officer (Establishment), Darbhanga within two months in the light of directions as contained in Annexure 3. Learned counsel for the State has got no objection. Having considered the submissions of both sides, I dispose of this writ petition with a direction to the District Programme Officer (Establishment), Darbhanga to dispose of the representation of the petitioners filed on 12.05.2020 in the light of directions as contained in Annexure 3 within two months from the date of receipt of this order. If the petitioners are found working legally, they should be paid their salary within one month after disposal of their representation. With the aforesaid directions, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Harish/- U