Bidyapati Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17860 of 2017 ====================================================== Bidyapati Prasad, Son of Sri Sheo Dayal Prasad, resident of Village Barwan Khurd, P.O. Nechua Jalalpur, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the District Education Officer, Gopalganj.

2. The District Education Officer, Gopalganj.

3. The District Programme Officer (Establishment), Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Narendra Kumar, AC to GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The instant writ petition has been filed by the petitioner for a direction to the respondents to pay arrears of salary from July, 2015 till date and current salary.

Learned counsel for the petitioner submits that the petitioner has been regularly working but not getting salary without any rational justification since July, 2015. Considering the nature of grievance of the petitioner, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj, respondent No. 3 to take final decision with regard to entitlement of the petitioner for payment of salary on verification of the facts whether the petitioner's appointment is valid and whether the

Patna High Court CWJC No.17860 of 2017(3) dt.28-02-2018 2/2 petitioner has worked after July, 2015 or not. In case the appointment is found valid and the petitioner has been regularly working as Panchayat Shikshak from July, 2015, necessary order for payment of arrears of salary as well as current salary be passed within a maximum period of 60 days from the date of receipt/production of a copy of this order. Consequential benefits arising out of such decision must be extended to the petitioner within a further period of one month. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U