Md. Khalid Murtaza And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11113 of 2014 ======================================================

1. Md. Khalid Murtaza son of Md. Murtaza Ahmad Khan at & P.S. Jamalpur, Via- Berol, District- Darbhanga

2. S. Masood Alam, son of late S. Mahmood Alam, Resident of village- Alam, Villa, Nazmi Lane, Kanghaya Tola, P.S.- Khajakalan Patna City, District- Patna Secretary of Managing Committee of Madars Islamia Anjuman, Mofizul Islam, Lodi Katra, Patna City, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Special Director Secondary Education Human Resources Development Department, Bihar, Patna

3. The District Education Officer, Patna

4. The District Programme Officer, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Respondent/s :

Mr. Sc18- M. Nasrul Hoda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The grievance of the petitioners is non-payment of salary.

Learned counsel for the petitioners submits that petitioner was appointed by the Managing Committee of Madarsa Islamia Anjuman, Mofizul Islam. He submits that petitioner is regularly working but the petitioner has not been paid salary due to inaction on the part of the respondent, District Programme Officer. Payment of salary depends on the verification of the facts whether the petitioner was validly

Patna High Court CWJC No.11113 of 2014(3) dt.01-08-2018 2/2 appointed against the post sanctioned by following the procedure of selection by the Managing Committee of the school in question and whether the petitioner has worked during petitioner is claiming salary.

In view of the above, the instant writ petition is disposed of with the direction to the District Programme Officer, Patna to verify the record and if it is found that the petitioner was validly appointed against the sanctioned post and petitioner has worked, he is required to see that payment is made to this petitioner.

Final decision with regard to payment of salary may be taken by the District Programme Officer Patna within maximum period of four months from the date of receipt / production of a copy of this order.

(Anil Kumar Upadhyay, J) banti/-T.Kr.

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