Shiv Kumar Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13700 of 2017 ======================================================

1. Shiv Kumar Sah, S/o late Bachha Sah, Resident of Village and PostGhurghat, Dist.- Siwan.

2. Nand Kishor Yadav, S/o Sri Baban Prasad, Resident of Village and PostHariharpur, Dist.- Siwan.

3. Narendra Tiwari, S/o Sir Raja Ram Tiwari, Resident of Village- Rakauli, Post- Santhi, Dist.- Siwan.

4. Prakash Kumar Mishra, S/o Sri Vijay Kant Mishra, Resident of VillageKilpur, Post- Kabirpur, P.S.- Nautan, Dist.- Siwan.

5. Prem Kumar Singh, S/o Sri Gyan Prakash Singh, Resident of VillageMohamadpur, Post- Andar, Dist.- Siwan.

6. Shashi Kant Mishra, S/o Sri Vijay Kant Mishra, Resident of VillageKilpur, Post- Kabirpur, P.S.- Nautan, Dist.- Siwan ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The District Education Officer, Siwan

3. The District Programme Officer (Establishment), Siwan

4. The Block Education Officer, Andar, Dist.-Siwan.

5. The Block Education Officer, Raghunathpur, Dist.-Siwan

6. The Block Education Officer, Badhariya, Dist.-Siwan

7. The Member, District Teacher Tribunal, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Respondent/s :

Mr.Kameshwar Kumar -Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and the respondents.

The petitioners are aggrieved by non-payment of salary.

Learned counsel for the petitioners submits that the matter was decided in favour of the petitioners by the District Teachers Employment Appellate Authority, Siwan and the same has been affirmed by the State Appellate Authority vide order

Patna High Court CWJC No.13700 of 2017(3) dt.01-08-2019 2/2 dated 17.05.2019 in Appeal No. 21 of 2019, which is taken on record, but not withstanding the decision of the Appellate Authority in favour of the petitioners for payment of salary, the same has not been paid to them.

Considering the aforesaid, the writ application is disposed of with a direction to the respondents to ensure payment of salary to the petitioners in the light of decision of the District Teachers Employment Appellate Authority, Siwan in Appeal No.485 of 2015 dated 09.01.2016 (Annexure-1) and the order of the State Appellate Authority dated 17.05.2019 in Appeal No. 21 of 2019 and take appropriate decision for grant of such benefit to the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U