Narendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5945 of 2023 ====================================================== Narendra Thakur S/O- Late Ram Shubhag Thakur, R/O- Vill- Siho, P.SSakra, Distt-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Muzaffarpur.

4.

The District Education Officer, Muzaffarpur.

5.

The District Programme Officer (Est.) Muzaffarpur. 6.

The Block Education Officer, Muraul, Distt-Muzaffarpur. 7.

The Panchayat Secretary Gram Panchayat Bishnpur Shreeram, Block - Muraul, Distt-Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Advocate For the Respondent/s :

Mr. Kameshwar Kumar ( Gp 17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 02-05-2025 Heard learned counsel for the parties.

2. The petitioner was appointed as Panchayat Teacher on 22.06.2016 in Primary School, Khaspatti, Yadunathpur. On a challenge being made to his appointment as Panchyat Teacher before the District Appellate Authority, Muzaffarpur, the District Appellate Authority, Muzaffarpur in Case No. 12/2016 dated 15.07.2017 set aside the petitioner's appointment as Panchayat Teacher. Pursuant thereto, the authorities had cancelled the petitioner's appointment as Panchayat Teacher on 07.10.2017. The order of the District Appellate Authority, Muzaffarpur was put to challenge by the petitioner by filing an appeal, being case no. Appeal/164/2017 before the State

Patna High Court CWJC No.5945 of 2023(2) dt.02-05-2025 2/2 Appellate Authority. The State Authority Authority by an order dated 27.06.2018 set aside the order of the District Appellate Authority passed in Case No. 12/2016. Pursuant thereto, the petitioner was reinstated in service by an order dated 12.02.2019, issued by the Chairman, Employment Unit, Gram Panchayat Bishnupur Shreeram, Muzaffarpur.

3. The petitioner has filed this writ petition, claiming salary for the period from 07.10.2017 to 12.02.2019.

4. The respondents have filed a counter affidavit stating that the petitioner did not work from 07.10.2017 to 12.02.2019, therefore, he is not entitled to salary on the principle of 'No Work, No Pay'.

5. Since, the petitioner is a Panchayat Teacher, in view of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020, this writ petition is hereby disposed of with liberty granted to the petitioner to approach the concerned Appellate Authority for redressal of the grievances raised in the present writ petition.

6. The writ petition stands disposed of with the above directions.

(Nani Tagia, J) Siddharth Sagar/- U