Suresh Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12438 of 2015 ====================================================== Suresh Ram son of late Chhotan Ram, resident of village - Bhagwanpur, P.O. and Police Station - Chandi, District - Nalanda, retired Peon, Project Ram Kishun Bhimlal Girls High School, Chandi, District - Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Education Department, Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna Division, Patna. 4.

The District Education Officer, Nalanda at Biharsharif. 5.

The District Programme Officer Establishment, Nalanda at Biharsharif. 6.

The Headmistress, Project Ram Kishun Bhimlal Girls High School Chandi, District - Nalanda.

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

For the Petitioner/s :

Mr.Ram Sagar Singh For the Respondent/s :

Mr.Sheo Shankar Prasad- Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-04-2019 The short prayer of the petitioner in the present case is for payment of arrears of salary for the period from 1.3.1993 to 18.11.2008 as also for grant of benefit of A.C.P. The learned counsel for the respondents has referred to the counter- affidavit filed by the Assistant Director (Secondary Education) and has relied on paragraph no.3 wherein it has been stated that the claim of the petitioner for payment of arrears of salary for the period 1.3.1993 to 18.11.2008 was considered in the department and it was found admissible whereafter directions have been given to the District Education Officer to pay the arrears of salary. As regards the grant of benefit of ACP, it has been stated in the said counter affidavit that necessary directions have also been given vide memo dated 26.12.2014 regarding the pay fixation of the

Patna High Court CWJC No.12438 of 2015(3) dt.08-04-2019 2/2 petitioner for the entire service period including the promotion etc. to the petitioner herein.

The learned counsel for the petitioner submits that the position as on date is that though the arrears of salary for the period upto 1999 has been cleared but the arrears of salary for the period January 2000 to 18.11.2008 are yet to be paid apart from outstanding arrears of A.C.P.

Having regard to the fact that the issues have crystallized inasmuch the Assistant Director (Secondary Education), Patna has already admitted the claim of the petitioner, I direct the District Education Officer, Nalanda at Biharsharif to make payment of arrears of salary for the period January, 2000 to 18.11.2008 within a period of eight weeks from today, apart from granting the benefits of ACP as well as the arrears thereof.

The writ petition stands disposed of with the aforesaid directions.

Tiwary/- (Mohit Kumar Shah, J) U