Rajani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13306 of 2019 ====================================================== 1.

Rajani Kumari Wife of Anup Kumar , Daughter of Vijendra Kumar Singh, Resident of Village Ratanpatti, Post Office- Matiyar Manjhi Police StationManjhi District- Saran at Chapra. 2.

Ratnesh Kumar Singh, Son of Purushottam Singh, Resident of Village Dhani Chapra Post Office Manjhi Police Station Manjhi District- Saran at Chapra. 3.

Sunita Upadhyay, Daug hter of Shivji Dube, Resident of Village Gabhirar Post Office Gabhirar Police Station.... District- Siwan. 4.

Nitesh Kumar Singh, Son of Purushottam Singh, Resident of Village Dhani Chapra Post Office Manjhi Police Station Manjhi District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary Human Resources Development Department, Govt. of Bihar, Patna. 2.

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

3.

The District Magistrate Saran at Chapra.

4.

The District Education Officer Saran at Chapra. 5.

The District Programme officer Chapra Saran.

6.

The Block Development Officer Manjhi Chapra, Saran. 7.

The Block Education Officer Manjhi Chapra, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate Mr. Shirinath, Advocate For the State :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2019 The petitioners have filed the present writ petition for a direction to the respondents to release the fund for payment of salary to the petitioners.

Learned counsel for the petitioners would submit that the petitioners are regularly working in the school in question till date and without any rhyme or reason the salary of the petitioners has been stopped. Taking work and denying salary is

Patna High Court CWJC No.13306 of 2019(2) dt.03-07-2019 2/2 Begari. If the petitioners are regularly working there is no reason not to make payment of salary after 1.12.2015. Instead of keeping the matter pending, the writ petition is disposed of with a direction to the respondents to pass appropriate order with regard to payment of salary to the petitioners and if it is found that the petitioners are regularly working and their services are not dispensed with, the respondents shall be obliged to take necessary decision with regard to payment of salary. Necessary decision with regard to payment of salary must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of the order.

In the event the respondents fail to make payment of due salary to the petitioner, they shall have to pay interest at the rate of 9% per annum from the date the amount became due till the date of payment of the amount. The amount of interest shall be realized from the pocket of the erring Officer. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U