Hemlata Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 14469 of 2018 ====================================================== Hemlata Jha, Wie of DR. Ajay Kumar Jha, Resident of MohallaSikandarpupr, Post Office- Mirjanhat, Police STation- Mujahidpur, DistrictBhagalpur, at present posted as a In-Charge Head-Master, High School, Prasastdih Simro, Post Office- Prasastdih, Police Station- Sabour, DistrictBhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Education Department through its Principal Secretary, Government of Bihar, Patna, Vikash Bhawan, Bailey Road, Patna.

3. The Director, Secondary Education, Education Department, Government of Bihar, Patna, Vikash Bhawan, Bailey Road, Patna.

4. The Commissioner, Bhagalpur, Division Bhagalpur.

5. The District Magistrate Bhagalpur, District- Bhagalpur.

6. The District Development Commissioner, Bhagalpur, District- Bhaglpur.

7. The District Education Officer, Bhagalpur, District- Bhaglpur.

8. The District Program Officer, Secondary Education Bhagalpur, DistrictBhagalpur.

9. Sada Nand Singh, M.L.A. Kahalgaon Constituency at present resident of 2HT-113, Bhadurpur Housing Colony, Patna- 26, Office- 27, Harding Road, Patna- 1.

10. The In-Charge, Head Master, Binoda Nand Dikshit Uchha Vidiyalaya Mamalkha Sabour, Post office- Mamalkha, Police Station Sabour, DistrictBhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijoy Kant Mishra For the Respondent/s :

Mr. Ashutosh Ranjan Pandey - Aag15 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2018 In the counter affidavit filed by the State, specific stand has been taken that for payment of salary to the petitioner for the period prior to her suspension, the same is already being processed and likely to be paid very soon.

Looking into the nature of allegation of the petitioner, this Court cannot accept such a vague assurance in the counter

Patna High Court CWJC No.14469 of 2018(4) dt.12-12-2018 2/2 affidavit filed on 30.11.2018. Till date, it is the submission of learned counsel for the petitioner, that she has not been paid. The respondents must ensure that the legitimate admissible dues on account of salary of the petitioner prior to her suspension is expedited and paid to her positively within a period of two weeks from the date of receipt/production of a copy of this order.

This disposes of the writ petition.

So far as the proceedings initiated on account of suspension, this Court leaves it open to the petitioner to pursue her remedies, if occasion arises.

(Madhuresh Prasad, J) M.E.H./- U