Patna High CourtCWJC/6242/2010disposed

Suman Kumari And ANR v. The State Of Bihar And ORS

2018-08-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6242 of 2010 ======================================================

1. SUMAN KUMARI, D/O SHRI MAHENDRA PRASAD YADAV, R/O VILLAGE - BANANGHAT, P.S- MAHUA, DISTRICTVAISHALI.

2. SHYAM BIHARI PANDIT, S/O SHRI GONA PANDIT, R/O VILLAGE- MAKSHUDPUR, P.S - MAHUA, DISTRICTVAISHALI. ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR.

2. THE PRINCIPAL SECRETARY,HUMAN RESOURCES & DEVELOPMENT DEPARTMENT, BIHAR, PATNA.

3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA.

4. THE DISTRICT MAGISTRATE, VAISHALI AT HAZIPUR.

5. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI.

6. THE BLOCK DEVELOPMENT OFFICER, MAHUA, VAISHALI.

7. THE BLOCK EDUCATION AND EXTENSION OFFICER,MAHUA, VAISHALI.

8. THE MUKHIYA, GRAM PANCHAYAT RAJ, MAHUA, MUKUNDPUR, DISTRICT- VAISHALI.

9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, MAHUA, MUKUNDPUR, DISTRICT- VAISHALI.

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

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that in view of the judgment in LPA No. 1582 of 2010 he is not pressing the issue of validity of appointment of the petitioner. However his prayer is confined to payment of salary for the period petitioner has actually worked.

Considering the aforesaid, the writ petition is disposed

Patna High Court CWJC No.6242 of 2010(3) dt.10-08-2018 2/2 of with a liberty to the petitioner to file representation before the District Programme Officer (Establishment), Vaishali who shall examine the claim of the petitioner for payment of the salary for the period petitioner has actually worked.

The District Programme Officer (Establishment) Vaisali (Replacement of the district Superintendent of Education) is directed to examine the claim of the petitioner and pass appropriate order in accordance with law on the issue of payment of salary preferably within four months 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) banti/- U