Anuradha Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8105 of 2024 ====================================================== 1.

Anuradha Rani Daughter of Shri Parmeshwar Sah, Resident of Village- East Keveen Road, Hajipur, Ward No.- 17, P.S.- Khagaria, District- Khagaria, (Bihar) 851204, Posted as Panchayat Teacher-Cum-Incharge Headmistress Primary School Olapur Mushahari Khagaria.

2.

Sanjeev Kumar, Son of Shri Bhagwan Singh, Resident of Village-Ashok Nagar, Ward No.- 14, P.O. - Koshi College, P.S.- Chitragupta Nagar, District- Khagaria, posted as Incharge Headmaster Primary School Jhamta Mushahari Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resources Department Government Of Bihar Patna.

2.

The Director, Primary Education Human Resources Development Department, Government of Bihar, Patna.

3.

The District Education Officer, Khagaria.

4.

The District Programme Officer (Establishment), Khagaria, DistrictKhagaria. 5.

The Block Education Extension Officer, Khagaria, District- Khagaria. 6.

The Panchayat Secretary Gram Panchayat Raj Olapur, Gangaur, DistrictKhagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Kumar, Adv.

For the Respondent/s :

Mrs. Shweta Anand AC to GP-13 Mr. Ajit Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and learned counsel for the respondent/State.

2. This writ application has been filed for issuance of direction to the respondents to pay the arrears of salary of the petitioners for the period from July 2019 to January 2022 with

Patna High Court CWJC No.8105 of 2024(2) dt.28-11-2024 2/3 interest and cost.

3. In this regard, a counter affidavit has been filed on behalf of respondent no. 4 and in paragraph - 12 & 13, it is stated that a O.A. Case No. 213/2022 (Bishwajit Kumar Singh and Ors. v. The District Magistrate, Kahgaria and Ors.), was filed before the State Appellate Authority, in which, petitioners were made private respondent no. 8 and 11. The State Appellate Authority, vide order dated 10.08.2022, was pleased to direct the District Programme Officer (Establishment), Khagaria that no salary be paid to these petitioners and also directed not to allowed these petitioners to function, as Teachers.

4. Heard learned counsel for the parties and perused the materials available on record.

5. From the record, it is apparent that petitioners have been terminated from the service, vide order dated 10.08.2022 passed in O.A. Case No. 213/2022 by the State Appellant Authority. Petitioners have not challenged the aforesaid order in this writ application. Hence, unless and until this order is setaside by the competent authority, this Court cannot give any direction to the concerned respondent(s) to make payment of salary to these petitioners for the period in question.

6. The writ petition is devoid of merit and it is

Patna High Court CWJC No.8105 of 2024(2) dt.28-11-2024 3/3 accordingly dismissed.

(Prabhat Kumar Singh, J) anay U