Sunil Kumar Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17758 of 2011 ====================================================== Sunil Kumar Upadhyay S/O Late Madhusudan Upadhyay R/O VillageNonar, P.O.- Nonar, P.S.- Piro, District- Bhojpur ... ... Petitioner/S

Versus

1. The State Of Bihar Through Principal Secretary Human Resources Development Department, Government Of Bihar, Patna

2. The District Magistrate, Bhojpur

3. The District Development Commissioner (D.D.C.), Bhojpur

4. The District Education Officer, Bhojpur

5. The District Programme Officer, Primary Education, Bhojpur

6. The Block Development Officer, Charpokhari, District- Bhojpur

7. The Block Education Officer, Charpokhari, District- Bhojpur

8. The Head Master, Primary School Konadihri Gram Panchayat Nagri, P.S.- Piro, District- Bhojpur

9. The Mukhiya, Gram Panchayat Nagri, P.S.- Piro, District- Bhojpur

10. The Secretary, Gram Panchayat Nagri, P.S.- Piro, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Narayan Rai, Advocate For the Respondent/s :

Mr. Girija Shankar Pd GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The present writ petition has been filed for a direction to the respondents to make payment of due arrears of salary since January, 2011 as well as current salary. Learned counsel for the petitioner submits that the petitioner was validly appointed and after joining on 30th of December, 2010 he has been regularly working yet he has not been paid salary since January, 2011.

In the matter of payment of salary a factual enquiry

Patna High Court CWJC No.17758 of 2011(4) dt.19-06-2018 2/2 has to be conducted by the respondent-authorities to ascertain as to whether the appointment of the petitioner is valid and whether the petitioner has actually worked for the period he is claiming salary.

In view of the above, the writ petition is disposed of with a direction to the District Programme Officer (Establishment) Bhojpur to examine the record and on verification if it is found that the petitioner was validly appointed and has actually worked, he will pass appropriate order for payment of salary- arrears as well as current - within a maximum period of 60 days from the date of receipt/production of a copy of this order.

It is needless to state that the monetary benefit arising out of such decision, must reach the petitioner within the period as indicated hereinabove.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U