Kumari Renu Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10770 of 2011 =========================================================== Kumari Renu Sharma W/O Sri Yogendra Sharma R/O Village- Geraiya, P.S.- Wazirganj, Distt.- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Human Resources Development, Bihar, Patna

2. The Principal Secretary Department of Human Resources Development, Government Of Bihar, Patna

3. The Secretary Department of Human Resources Development (Primary and Adult Education), Government of Bihar, Patna

4. The District Magistrate, Gaya

5. The District Superintendent of Education, Gaya

6. The Block Development Officer Wazirganj, P.S.- Wazirganj, Distt.- Gaya

7. The Block Education Extension Officer Wazirganj, P.S.- Wazirganj, Distt.- Gaya

8. The Area Education Extension Officer Wazirganj, P.S.- Wazirganj, Distt.- Gaya

9. The Mukhiya, Gram Panchayat Raj Karjara, P.S.- Wazirganj, Distt.- Gaya

10. The Panchayat Secretary Panchayat Raj- Karjara, P.S.- Wazirganj, Distt.- Gaya

11. The Head Master, Primary School, Karjara, P.S.- Wazirganj, Distt.- Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. ARUN KUMAR SINGH For the Respondent/s : Mr. ASHOK KR CHOUDHRY SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 22-06-2018 Heard learned counsel for the petitioner and State. The grievance of the petitioner in the present writ application is for non-payment of salary.

Mr. Arun Kumar Singh, learned counsel for the petitioner submits that at one point of time, the respondents have issued the cheque for payment of salary to the petitioner, but the same was dishonoured on presentation.

Patna High Court CWJC No.10770 of 2011 dt.22-06-2018 2/2 The Court does not appreciate the conduct of the respondent in issuing the cheque, which was dishonoured. If the petitioner was legally and validly appointed teacher and has worked, there is no reason to deny salary and in no case the Court can appreciate the conduct for dishonour of cheque. The writ application is disposed of with a direction to respondent District Superintendent of Education, Gaya [now District Programme Officer (Establishment), Gaya] to see that the entire payment of arrears as well as current salary of the petitioner is paid in one go after verification of the record whether the petitioner has worked for the period he is claiming salary within a period of 60 days from the date of receipt/production of a copy of this order.

The District Programme Officer (Establishment), Gaya is also required to ensure that henceforth the cheque if issued in favour of petitioner for payment may not dishonour, otherwise apart from the criminal action admissible under the law, the Court may initiate contempt proceeding for defying the direction issued by this Court. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.06.