Patna High CourtCWJC/5659/2017disposed

Sanjay Pandey v. The State Of Bihar And ORS

2018-02-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5659 of 2017 ====================================================== Sanjay Pandey, son of Late Chhotelal Pandey, resident of Village+P.O.- Neem Nawadah, Block+P.S.- Khaira, District- Jamui, Presently posted as Panchayat Teacher in Upgraded Middle School, Neem Nawadah, P.S.+Block- Khaira, District- Jamui.

... ... Petitioner/s

Versus

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

2. The District Education Officer, Jamui.

3. The District Programme Officer, (Establishment), Jamui.

4. The Block Education Officer, Khaira, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. P.R.Singh, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-payment of salary since October, 2015. Learned counsel for the petitioner submits that the action of the respondents in denying payment of salary to the petitioner is arbitrary. He submits that the case of the petitioner is squarely covered by the decision of this Court as contained in Annexure4 vide order dated 14.2.2017 in CWJC No. 915 of 2017 whereby a co-ordinate Bench of this Court quashed and set aside the order of stopping salary of similarly circumstanced person.

Patna High Court CWJC No.5659 of 2017(3) dt.15-02-2018 2/2 In view of the above, the present writ petition is disposed of with the direction to the District Education Officer to examine the claim of the petitioner and if it is found that the case of the petitioner is similar to the case of petitioner of CWJC No. 915 of 2017, he shall ensure similar treatment and payment of arrears as well as current salary to the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- U