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Patna High CourtCWJC/16939/2018allowed

Vinod Kumar v. The State Of Bihar And ORS

2019-07-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16939 of 2018 ====================================================== Vinod Kumar Son of Late Ayodhya Prasad @ Ayodhya Paswan, R/o VillageUdhapatti, P.S.- Mushri Dharari, District- Samastipur, Posted as the Assistant Block Teacher at Middle School, Sarairanjan.

... ... Petitioner/s

Versus

The State f Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binit Kumar For the Respondent/s :

Smt. Binita Singh- Sc28 Mr. Apuru Harsh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

This writ petition was filed after service of two advance copies to the office of Advocate General on 27.7.2018 yet no counter affidavit has been filed by the respondents. Grievance of the petitioner in the present writ application is non-payment of salary despite the petitioner is continuing as teacher.

Learned counsel for the petitioner submits that respondents have appointed the petitioner in 2006. They are not making payment on the pretext that the degree obtained from Hindi Sahitaya Sammelan, Prayag, Allahabad is invalid. The decision to declare the degree invalid with effect from 25.8.2008 whereas the petitioner was appointed in 2006.

Patna High Court CWJC No.16939 of 2018(3) dt.11-07-2019 2/2 In view of the above, the Court does not find any justification to approve the action of the respondent holding the degree obtained from Hindi Sahitaya Sammelan, Prayag, Allahabad before 2006 as invalid. The same cannot be read with retrospective effect and invalidate the appointment of the petitioner made prior to 25.8.2008.

Accordingly, the writ petition is allowed. The respondents are directed to ensure payment to the petitioner with immediate effect.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U