Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10171 of 2020 ====================================================== Ashok Kumar son of Ramanand Singh resident of Village and P.O.- Khaira, P.S.- Rafiganj, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Aurangabad.

5.

The District Programme Officer (Establishment), Aurangabad. 6.

The Block Development Officer, Madanpur Block, Aurangabad. 7.

The Block Education Officer, Madanpur, Aurangabad. 8.

The Headmaster, Government Middle School, Narkappi, Madanpur, Aurangabad.

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

For the Petitioner/s :

Mr.Kanhaiya Pandey For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2021 The preset petition has been filed seeking the following reliefs:- i) That the respondents may be directed to make payment of salary to the petitioner for the period from 22.11.2013 to 31.12.2013 and May 2014 to up till date since even though the petitioner is performing his duty regularly as teacher at government Middle School, Narkappi, Madanpur as Block Teacher but he is being deprived of his salary despite order of the learned District Appellate Tribunal, Aurangabad in similar case contained in Annexure-7.

Patna High Court CWJC No.10171 of 2020(2) dt.22-03-2021 2/2 At the outset, the learned counsel for the petitioner has referred to the letter dated 11.06.2020 issued by the District Appellate Authority, Aurangabad as also the letter of the Principal of the School dated 06.09.2019 (Annexure-8 to the writ petition) to show that the salary of the petitioner is being withheld in an illegal manner. At this stage the learned counsel for the petitioner submits that the petitioner would be approaching the District Education Officer, Aurangabad, hence, he be directed to make payment of the outstanding salary of the petitioner herein.

Having regard to the submissions made by the learned counsel for the petitioner, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to file appropriate representation before the District Education Officer, Aurangabad and in case the same is filed within a period of two weeks from today, the District Education Officer, Aurangabad shall take necessary action in accordance with law and dispose of the representation of the petitioner within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Tiwary/- U