Sunita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11160 of 2017 ======================================================

1. Sunita Kumari, Wife of Kashi Nath Gupta, Resident of New St. Xavier Residential School, Ashram Road, Purnea, presently working as Clerk in Gangatori Pariyojana Balika Uchcha Vidyalaya, Chenari, Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Director, Human Resources Development Department, Government of Bihar, Patna.

2. The Director, Secondary Education, Budha Marg, Government of Bihar, Patna.

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

4. The District Education Officer, Rohtas.

5. The Treasury Officer, Rohtas.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Respondent/s : Mr. Madanjit Kumar-Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2018 Heard.

The stand, taken by the respondent in paragraph-7 of the counter affidavits which is reproduced in the order for its ready reference:

"7. That on receipt of the representation of the petitioner, the same was disposed of vide memo no. 104P dated 26-03-2012; whereby the series of the petitioner was approved as Clerk of the School in question with a condition that the services of the petitioner with retrospective effect after due verification of regular attendance of the petitioner. On getting the report of the Regional Deputy Director of Education, Patna Division, Patna in respect of attendance of the petitioner w.e.f. 01-01-

Patna High Court CWJC No.11160 of 2017 (4) dt.07-05-2018 1989, the necessary order has been issued vide memo no. 198P dated 29-12-2017. By the aforesaid order, the petitioner has been allowed the payment of arrears of salary in five equal annual installment w.e.f.

01-01-1989.

The District Education Officer, Rohtas has been directed to pay the arrear of salary from 01-01-1989 for the working period in accordance with law".

The writ application is, accordingly, disposed of with direction to the respondent to implement the undertaking taken in paragraph-7 of the counter affidavit.

This court expects that the respondent will stand by their stand taken in paragraph-7 of the counter affidavit and extend the financial benefit at the earliest.

Wit the aforesaid, this writ petition stands disposed of. (Anil Kumar Upadhyay, J) A.K.V./- U