Veena Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9057 of 2016 ======================================================

1. Veena Pandey wife of Sri Laxman Pandey resident of Mohalla- Near Nandgola Devi Asthan, P.S.- Malsalami, Patna City, Town & DistrictPatna .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

2. The Director (Primary Education), Education Department, Government of Bihar, Vikas Bhawan, New Secretariat, Patna

3. The Regional Deputy Director of Education, Patna Division, Patna.

4. The District Education Officer, Patna.

5. The District Programme Officer (Establishment), Patna.

6. The Sub-Inspectoress of School, Malsalami, Patnacity, Patna.

7. The Secretary, Sri Lakshmi Kanya Upper Primary School, Nandgola, Patna City, P.S.- Malsalami, Patna City, Town & District- Patna. .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Jai Kishor Poddar, Adv. For the Respondents : Mr. Mritunjay Kumar Jha, AC to AAG VI ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The present writ application was filed with two advance copies of the writ application serving in the office of the Advocate General on 5th May, 2016, for facilitating the respondents to file the counter affidavit, but, even after nearly one year and ten months no counter affidavit was filed. Mr. Shivendra Kishore, learned senior counsel appearing on behalf of the petitioner, submits that in view of Annexures 11 and 12 the respondents are required to take final

Patna High Court CWJC No.9057 of 2016 (2) dt.05-02-2018 2/2 decision, but, despite the recommendation of the District Programme Officer (Establishment), Patna, as contained in letter no. 3307, dated 27.11.2014, the Director, Primary Education, Bihar, Patna, is sitting tight over the matter and has not passed any order with regard to the payment of salary on approval of the service of the petitioner.

Without going to the merit of the case, the writ petition is disposed of with a direction to the respondent-Director, Primary Education, Bihar, Patna, to take appropriate final decision within a period of sixty days from the date of receipt/production of a copy of this order and in case the petitioner is found entitled to any monetary benefit, the Director, Primary Education, Bihar, Patna, shall ensure the same within a period of one month of the order.

(Anil Kumar Upadhyay, J) SA/- U