Binit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8327 of 2019 ====================================================== 1.

Binit Kumar S/o Sri Arvind Kumar Vill.- Hardi Vag, Gamahariya, Distt. Supaul 2.

Vijay Kumar S/o Sri Jasilal Mehta Vill. and P.o.- Mirjawa, P.s.- Triveniganj, Distt.- Supaul 3.

Guru Prasad Choudhary S/o Sri Ramesh Choudhary Vill.- Dharhara, p.o.- Balwahat, P.s.- Bakhtiyarpur, Distt.- Saharsa 4.

Sanjay Kumar S/o Sri Shiv Kumar Yadav Vill.- Parshi, P.s.- Triveniganj, Distt.- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Human Resources Development Department, Govt. of Bihar, Patna 3.

The director Primary Education, Human Resources Development Department, Govt. of Bihar, Patna 4.

The Presiding Officer District Teachers Appellate Authority, Supaul 5.

The District Programme Officer Establishment, Supaul 6.

The District Education Officer Supaul 7.

The Sub Divisional Education Officer Triveniganj, Supaul 8.

The Block Education Officer Triveniganj, Block- Triveniganj, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are aggrieved by non-payment of salary.

Learned counsel for the petitioners would submit that the petitioners have been legally and validly appointed and they

Patna High Court CWJC No.8327 of 2019(3) dt.27-08-2019 2/2 has been regularly working but till date they have not been paid salary.

The issue of payment of salary requires factual enquiry as to validity of appointment and actual working for which the District Programme Officer (Establishment), Supaul is the competent authority.

Accordingly, the present writ petition is disposed of with a direction to the District Programme Officer (Establishment), Supaul to enquiry into the matter and if it is found that appointment of the petitioners is legal and valid and they have actually worked, ensure payment of salary and all consequential benefits to them. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U