Patna High CourtCWJC/17984/2014disposed

Abhishek Kumar Divedi And ORS v. The State Of Bihar And ORS

2018-08-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17984 of 2014 ======================================================

1. Abhishek Kumar Divedi son of Barun Kumar Divedi, Resident of Village-Tajpur, P.S.- Manjhi, District- Saran.

2. Anjali Kumari, Daughter of Barun Kumar Devidi, Resident of villageTajpur, P.S.- Manjhi, District- Saran.

3. Rajesh Kumar Singh, son of Vijay Shankar Singh, Resident of VillageFulwaria, P.S.- Manjhi, District- Saran.

4. Md. Ashalam Ali Anshari son of Haidar Ali, Resident of villageAlipur, P.S.- Manjhi, District- Saran..................... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Department of Education, Govt. of Bihar, Patna.

3. The District Education Officer, Saran.

4. The District Programme Officer, (Establishment), District- Saran.

5. The Block Education Officer, Manjhi, District- Saran.

6. The Mukhiya-cum- the Chairman, Panchayat, Teacher Appointment Committee, Gram Panchyayat Raj Tajpur, P.S.- Manjhi, DistrictSaran.

7. The Secretary, Panchayat, Teacher Appointment Committee Gram Panchayat Raj Tajpur, P.S.- Manjhi, District- Saran.. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vitesh Kumar Singh For the Respondent/s :

Mr. Gp17- Binod Ji Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-08-2018

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that after long litigation and under order of the District Teacher Employment Appellate Authority, Saran dated 21.6.2013 petitioners were appointed on 20.08.2013.

3. He submits that by the decision of the District Teacher Employment Appellate Authority, Saran dated 21.6.2013 was challenged in C.W.J.C. No. 13954 of 2013 which

Patna High Court CWJC No.17984 of 2014(2) dt.06-08-2018 2/2 was dismissed on 26.7.2013 and as such there is no impediment in the matter of payment of salary to the petitioners from the date of appointment dated 20.8.2013 pursuant to the direction of District Teacher Employment Appellate Authority, Saran.

4. Learned counsel appearing on behalf of the State submits that after the appointment of the petitioners pursuant to the order of tribunal, there is no difficulty in payment if the petitioners are regularly working.

5. In view of the above the writ petition disposed of with the direction to the District Programme Officer, Saran to examine the record and if it is found that petitioners have regularly worked after appointed on 20.8.2013 the District Programme Officer (Establishment) Saran would see that arrears of salary as well as current salary is made to the petitioners within a maximum period four months from the date of receipt/production of a copy of this order.

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

(Anil Kumar Upadhyay, J) banti/-T.kr.