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Patna High CourtCWJC/1209/2018disposed

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar And ORS

2019-08-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1209 of 2018 ====================================================== Mithlesh Kumar @ Mithilesh Kumar, Son of Sadhu Prasad Yadav, Resident of Village - Sabaiya Gopalpur, Post Office - Derma, Police Station + Block - Akbarpur, District - Nawadah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Nawadah.

4.

The District Education Officer, Nawadah.

5.

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

The Panchayat Secretary, Gram Panchayat Raj, Naraura, Block - Nawadah Sadar, District - Nawadah.

7.

The Bihar School Examination Board, Bihar, Patna through its Secretary. 8.

The Secretary, Bihar School Examination Board, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Prabhakar Jha -Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and the State as well as Bihar School Examination Board.

The salary of the petitioner was stopped since October, 2016 on the basis of specific plea that the certificate of the petitioner of TET is not genuine.

In this case, the Bihar School Examination Board has acknowledged that the certificate of the petitioner of TET issued in the year 2011 to the petitioner is verified and on verification they have found the certificate of the petitioner to be genuine.

Patna High Court CWJC No.1209 of 2018(4) dt.26-08-2019 2/2 In view of the aforesaid, there is no reason to stop the salary of the petitioner.

Accordingly, the writ application is allowed. The respondent the District Programme Officer (Establishment), Nawada is directed to act in accordance with the report of the Bihar School Examination Board as to the genuine certificate and to ensure payment of arrears and current salary within a maximum period of 60 days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) uday/- U