Dewata Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15149 of 2015 ====================================================== Dewata Kumari, Wife of Shambhu Singh, Resident of village - Sonapur ( Bharath ) Police Station - Naya Goan, District - Begusarai ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Begusarai

3. The Block Development Officer, Matihari, District Begusarai

4. The District Superintendent of Education, Begusarai

5. The Block Development Extension officer, Begusarai

6. The Mukhiya, Sonapur Panchayat, District Begusarai

7. The Panchayat Secretary, Sonapur Panchayat, District Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pashok Kumar Prasad, Advocate For the Respondent/s :

Mr. Birju Prasad, G.P.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 29-11-2018 Heard learned counsel for the petitioner and the respondents.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not paid salary from May 2008 to February, 2013. He submits that the petitioner is regularly getting salary from March, 2013. He submits that the action of the respondents in denying the salary is arbitrary.

3. The issue with regard to payment of salary requires factual enquiry as to the validity of the appointment and the issue whether the petitioner has actually worked for the period petitioner is claiming salary.

Patna High Court CWJC No.15149 of 2015 dt.29-11-2018 2/2

4. Factual enquiry as to the validity of the appointment has to be done by the District Programme Officer (Establishment), Begusarai.

5. Accordingly, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Begusarai, who shall enquire as to the validity of the appointment of the petitioner and if the appointment of the petitioner on verification is found to be valid and he has actually worked for the period he is claiming salary, the District Programme Officer (Establishment), Begusarai is required to ensure payment of salary to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date