Narayan Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20869 of 2011 ====================================================== Narayan Chaudhary S/O Late Hiralal Chaudhary , resident of Village, Post Office- Laukha, Police Station- Supaul, District - Supaul .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Bihar, Patna

2. The Director, Primary and Adult Education, Bihar, Patna

3. The District Magistrate, Madhepura

4. The District Education Officer, Madhepura

5. The District Education Superintendent, Madhepura

6. The Block Education Extension Officer, Block Gamharia, DistrictMadhepura

7. The Headmaster, Primary School, Kamaljari, Block- Gamharia, DistrictMadhepura .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. AC to GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-05-2016 Heard Sri Lakshmindra Kumar Yadav, learned counsel for the petitioner and learned AC to GA-9. The petitioner has approached this Court, invoking its writ jurisdiction under Article-226 of the Constitution of India, with a prayer to direct the Respondents to pay his arrears of salary from 30.12.1988 to 18.07.1993 in compliance with order dated 20.06.2009 and also for commending the Respondents to pay differences of arrears of salary to the petitioner of Matric Trained Teacher from 30.04.2000 pursuant to order contained in Memo No.833 dated 30.06.2009.

Patna High Court CWJC No.20869 of 2011 (3) dt.16-05-2016 2/2 Earlier, the case was adjourned for filing counter affidavit. In the case, a counter affidavit has been filed on behalf of Respondent no.5. Along with counter affidavit, an order contained in Memo no.1355 dated 31.05.2012 issued under the signature of the District Programme Officer ( Establishment) , Madhepura has been brought on record, which suggests that since earlier communications contained in Annexures-5 & 6 were illegal and irregular, same have already been cancelled vide Annexure-C to the counter affidavit. The said order was passed with the consent of the District Education Officer, Madhepura. Keeping in view Annexure-C to the counter affidavit, the petitioner is not entitled to get the relief as sought for in the writ petition.

The writ petition stands disposed of.

If so advised, the petitioner may avail appropriate remedy against Annexure-C to the counter affidavit. (Rakesh Kumar, J) NKS/- U