Md. Rahmatullah Rahmani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25421 of 2013 ====================================================== MD. RAHMATULLAH RAHMANI SON OF LATE MD. QUAMRE ALAM RESIDENT OF VILLAGE- MEHSAUL PURBI, P.S. AND DISTRICTSITAMARHI ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Special Director, Secondary Education, Bihar, Patna

2. The Bihar State Madarsa Education Board, Vidyapati Marg, Patna Through Its Secretary

3. The Chairman Of The Bihar State Madarsa Education Board, Vidyapati Marg, Patna

4. The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna

5. The District Education Officer, Sitamarhi

6. The Managing Committee Of Madarsa Rahmania Mahsaul Sitamarhi District- Sitamarhi Through It'S Secretary ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Respondent/s :

Mr. Mithilesh Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 07-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This writ petition was filed on 20th December, 2013 after serving two advance copies to the Advocate General office and the counsel appearing on behalf of the Madarsa Board. Unfortunately, even after more than 4 1⁄2 years neither the State nor the Madarsa Board has filed any counter affidavit and as a result of their inaction the case remained pending for the last 4 1⁄2 years.

3. Learned counsel for the petitioner has drawn the attention of the Court towards Annexure-3 to indicate that Madarsa

Patna High Court CWJC No.25421 of 2013 dt.07-08-2018 2/2 Board has passed order in favour of the petitioner but the petitioner is not getting salary.

4. In the aforesaid circumstances, the writ petition is disposed of with a direction to the respondents to take step for payment of salary - arrears as well as current- to the petitioner in terms of Annexure-3 at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order on verification of the record whether the petitioner has actually worked for the period he is claiming salary.

5. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2018 Transmission Date