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Patna High CourtCWJC/11236/2016dismissed

Brajesh Kumar Pandey v. The State Of Bihar And ORS

2024-05-02Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11236 of 2016 ====================================================== Brajesh Kumar Pandey S/o Shri Hari Kishore Pandey, resident of villageDhobwal, P.O-Dhenuki, P.S- Panapur, District- Saran at Chapra at present working as Computer Teacher in Government Upgraded Middle School Ubhawan, Block- Panapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Joint Secretary, Education Department, Government of Bihar, Patna. 3.

The Director, Primary Education, Education Department, Bihar, Patna. 4.

The District Magistrate, Saran at Chapra.

5.

The District Education Officer, Saran at Chapra. 6.

The District Programme Officer Establishment, Saran at Chapra. 7.

The Block Education Officer-cum-Drawing and Disbursing Officer, BlockPanapur, District- Saran at C 8.

The Headmaster, Government Upgraded School, Ubhawan, Block- Panapur, District- Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. S.D. Yadav, AAG - 9 Mr. Braj Bhushan Mishra, AC to AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-05-2024

1. The present writ application has been filed for commanding the respondents to pay the arrears of salary of the petitioner from 20.10.2014.

2. Learned counsel for the petitioner submits that the petitioner was appointed vide letter no. ST/BHR/CT/1232 of the

Patna High Court CWJC No.11236 of 2016(4) dt.02-05-2024 2/3 System Tech, Pune dated 08.09.2014 as "Computer Teacher" for imparting training to the students studying in Government Upgraded Middle School, Ubhawan, Block- Panapur, District - Saran at Chapra and the petitioner was allowed to join by the Headmaster in the said School on 20.10.2014 but no payment has been made to the petitioner.

3. Learned counsel for the State submits that the agency namely, System Tech Pune was authorized to give training to the students studying in Classes - V to VIII under the scheme of the Government for imparting free computer education. The petitioner was appointed by the agency namely, System Tech Pune and not by the respondent authority. The policy dated 11.04.2014 was subsequently withdrawn vide Annexure -A to the counter affidavit having letter no. 3947 dt. 11.10.2014. The joining of the petitioner was accepted after withdrawal of the policy to impart training in computer education in the Schools.

4. Regard being had to the submission made by the parties and taking into consideration the fact that before joining of the petitioner was accepted the policy of granting computer training to the students studying in Schools was withdrawn on 11.10.2014. The petitioner admittedly joined on 20.10.2014 pursuant to his appointment made by the agency - System Tech,

Patna High Court CWJC No.11236 of 2016(4) dt.02-05-2024 3/3 Pune, as such, the petitioner is not entitled to be paid any remuneration.

5. I do not find any merit in this application.

6. Accordingly, the application is dismissed. (Anil Kumar Sinha, J) praful/- U