Basudeo Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7503 of 2018 ===========================================================
1. Rajesh Kumar, son of Makhan Lal Sah, resident of village - Rasulpur Wajid, P.S. Ahiyapur, District Muzaffarpur.
2. Pinki Kumari, daughter of Ram Chandra Sah, resident of village: - Dwarikanagar, P.S. Mushahari, District - Muzaffarpur.
3. Gunja Kumari, daughter of Gauri Shankar, Gupta resident of village - Barka Gaon, P.S. Karja, District - Muzaffarpur.
4. Manoj Kumar, son of Ram Chandra Prasad, resident of village - Jhapahan Udan, P.S. Ahiyapur, District - Muzaffarpur.
5. Manjay Kumar, son of Suresh Singh, resident of village - Bisunpur Pandey, P.S. Kanti, District - Muzaffarpur.
6. Rajesh Kumar, son of Late Harihar Nath Singh, resident of village - Bhikhanpur, P.S. Ahiyapur, District - Muzaffarpur.
7. Ganesh Kumar, son of Ramprit Singh, resident of village - Beslar, P.S. Belsar, District - Vaishali.
8. Minu Kumari ,wife of Bablu Singh, resident of village - Shekhpura Akharaghat, P.S. Ahiyapur, District - Muzaffarpur.
9. Manoj Kumar, son of Sachindra Rai, resident of village - Morsandi, P.S. Motipur, District - Muzaffarpur.
10. Surendra Kumar, son of Kedar Sah, resident of village - Daud Chapra, P.S. Minapur, District - Muzaffarpur.
11. Laldeo Prasad Nirala, son of Late Tufani Sah, resident of village - Mustafapur, P.S.Minapur, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Muzaffarpur.
2. The District Magistrate, Muzaffarpur.
3. The District Education Officer, Muzaffarpur.
4. The District Programme Officer (Establishment), Muzaffarpur.
5. The Block Development Officer, Minapur Block, Muzaffarpur.
6. The Block Education Officer, Minapur Block, Muzaffarpur.. .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 7972 of 2018 ===========================================================
1. Basudeo Prasad, Son of Nandu Bhagat, resident of Village- Jhapahan Udan, P.S. Ahiyapur, District- Muzaffarpur.
2. Nilam Devi, Wife of Prem Shankar Ray, resident of Village- Nonimal, P.S.- Rajepur, District- East Champaran.
3. Munna Kumar, Son of Baiju Ram, resident of Village- Tengrari, P.S.- Shivaypatti, District- Muzaffarpur.
4. Vijay Kumar, Son of Motilal Prasad, resident of Village- Mahmudpur, P.S.- Ahiyapur, District- Muzaffarpur.
5. Prabhat Kumar, Son of Krishna Kumar Verma, Resident of Village- Balughat, Brahmsthan, P.S. Nagar, District- Muzaffarpur.
6. Rajeev Kumar, Son of Late Bharat Rai, Resident of Village- Punarwara, P.S.- Runnisaidpur, District- Sitamarhi.
7. Bharat Kumar, Son of Shiv Nandan Das, resident of Village- Mahmadpur, P.S.- Ahiyapur, District- Muzaffarpur.
8. Virendra Kumar, Son of Mahadev Ray, resident of Village- Manpur Ratnawali, P.S.- Runnisaidpur, District- Muzaffarpur.
Patna High Court CWJC No.7503 of 2018 dt.11-05-2018 2/3
9. Savita Bharti, Wife of Shiv Kumar, resident of Village- Bishunpur, P.S.- Minapur, District- Muzaffarpur.
10. Anju Kumari, Wife of Ram Babu Rai, resident of village- Ahiyapur Bhikhanpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Muzaffarpur.
2. The District Magistrate, Muzaffarpur.
3. The District Education Officer, Muzaffarpur.
4. The District Programme Officer (Establishment), Muzaffarpur.
5. The Block Development Officer, Minapur, Muzaffarpur.
6. The Block Education Officer, Minapur Block, Muzaffarpur. .... Respondent/s =========================================================== Appearance :
(In CWJC No.7503 of 2018) For the Petitioner/s : Mr. Amish Kumar, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra- SC16 (In CWJC No.7972 of 2018) For the Petitioner/s : Mr. Amish Kumar, Advocate For the Respondent/s : Smt. Binita Singh -SC28 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 11-05-2018 It appears that order dated 08.05.2018 was wrongly recorded in the present writ applications, as such, the order dated 08.05.2018 is recalled.
With the consent of the parties, both the writ applications have been heard today on its merit and on consideration of the prayer made in the writ applications, the writ applications are disposed of by a common judgment.
The petitioners are aggrieved by non-payment of salary.
Learned counsel for the petitioners submits that the petitioners were validly appointed after following the selection process in terms of the Rule and they are regularly discharging duty of
Patna High Court CWJC No.7503 of 2018 dt.11-05-2018 3/3 Block Teachers under different Panchayats of Minapur Block, District-Muzaffarpur.
In the matter of payment of salary, the respondents are under obligation to examine whether the appointment of the teachers are legal and valid and whether they have worked for the period they are claiming salary. Both the issues are within the domain of the authority.
Under the aforesaid circumstances the writ petition is disposed of with a direction to the District Education Officer and the District Programme Officer (Establishment), respondent Nos. 3 and 4 to verify the record and on verification of the records if it is found that the petitioners were validly appointed and they have worked for the period they are claiming salary, the respondents are under obligation to make payment of salary. The entire exercise must be completed by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of the order.
With the aforesaid the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date