Devendra Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7617 of 2020 ====================================================== Devendra Prasad Sah Son of Lakshman Sah, resident of village- Bazidpur Bazar, P.s.- Vidyapati Nagar, District- Samastipur, presently working as Assistant Teacher, Upgraded Middle School, Boriya, Block- Bibhutipur, District- Samastipur ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2.

The Director, Primary Education, Patna 3.

The District Education Officer, Sheikhpura 4.

The District Programme Officer (Establishment), Sheikhpura 5.

The District Education Officer, Samastipur 6.

The District Programme Officer (Establishment), Samastipur 7.

The Block Education Officer, Ariyari, District- Sheikhpura 8.

The Block Education Officer, Bibhutipur, District- Samastipur 9.

The Headmaster, Middle School, Aifani, Block- Ariyari, DistrictSheikhpura 10.

The Headmaster, Upgraded Middle School, Boriya, Block- Bibhutipur, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Respondent/s :

Ms. Binita Singh, S.C.-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2021 The matter has been taken up for hearing on-line because of COVID-19 pandemic restrictions.

2. The petitioner has sought a direction from this Court to send his Last Pay Certificate (for short "L.P.C.") to respondent no.6 so that he may be in a position to receive his salary since 05.02.2020. He is also seeking a direction to the respondents to ensure payment of arrears of salary for certain

Patna High Court CWJC No.7617 of 2020(15) dt.23-09-2021 2/2 period as mentioned in paragraph no.1 of the writ application.

3. Learned counsel for the petitioner has stated that his grievance to the extent relating to L.P.C. has been redressed. He admits that the petitioner's grievance has substantially been redressed.

4. Learned counsel representing the State of Bihar has submitted that a counter affidavit has been filed making statement to the effect that L.P.C. has been issued.

5. Considering the aofreasid circumstance, this application is disposed of with a liberty to the petitioner to make a representation for payment of arrears of salary for the period indicated in paragraph no.1 of the writ application, before appropriate authority. The concerned authority shall thereafter consider the petitioner's representation and take a final decision within a reasonable period of time.

6. This writ application is disposed of with the aforesaid observations and directions.

(Chakradhari Sharan Singh, J) P. Tiwari/- U