Rukhsana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12801 of 2019 ====================================================== Rukhsana Khatoon D/o Rose Mohammad Resident of Village- Karahiya Basauli, Post Office- Manpur, Police Station- Bhitahan, District- West Champaran at present Wife of Khurshid Alam, Resident of Village- Bhilorwa Tola, Police Station- Piprasi, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Presiding Education, Govt. of Bihar, Patna. 3.

The District Magistrate, West Champaran at Bettiah. 4.

The District Education Officer, West Champaran at Bettiah. 5.

The District Programme Officer (Establish), West Champaran at Bettiah. 6.

The Block Development Officer, Piprasi, District- West Champaran at Bettiah.

7.

The Block Education Extension Officer, Piprasi, District- West Champaran at Bettiah.

8.

The Mukhiya, Gram Panchayat Raj, Sauraha, Block- Piprasi, District- West Champaran.

9.

The Panchayat Sachiv, Gram Panchayat Raj, Sauraha, Block- Piparsi, District- West Champaran.

10.

The District Appellate Authority, West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Zainul Abedin, Advocate For the Respondent/s :

Mr. Prabhakar Jha GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following

Patna High Court CWJC No.12801 of 2019(6) dt.24-11-2025 2/3 reliefs :- "For issuance of a writ in the nature of mandamus commanding the respondents to make payment of petitioner's salary w.e.f. 22.12.2014 to June 2015 and October 2018 to till date which has not been paid to the petitioner by the respondents."

3. Learned counsel for the petitioner submits that despite this petitioner having been appointed by a duly constituted Selection Committee, as provided in law and having discharged his duties of the post, the petitioner's salary has not been paid for the period of 22.12.2014 to June 2015 and October 2018 till date. It has next been submitted that owing to certain inquiry, the petitioner has subsequently been terminated from services, for which appropriate recourses has already been undertaken by him and the writ petition against such termination is pending before this Court.

4. Be that as it may, since as per the statement made, the petitioner is said to have worked for the period referred above for which he claims to be entitled in law, and if there is no dispute with regard to the petitioner having discharged his duty for the said period, in such event, in view of the judgment rendered by this Hon'ble High Court in L.P.A. No.646 of 2015 arising out of C.W.J.C. No.15096 of 2013, Sulochana Ravi @

Patna High Court CWJC No.12801 of 2019(6) dt.24-11-2025 3/3 Sulochana Devi v. The State of Bihar and Others, the claim of the petitioner is required to be adjudicated. The relevant portion of the said order is extracted hereunder:- ".......Admittedly, after the said order was passed by the learned Single Bench, the appellant stand appointed as a Panchayat Teacher in High School. Therefore, the surviving grievance of the appellant is that she should be paid salary for the period she has worked as a Panchayat Teacher and that direction of the learned Single Bench declining such salary is not fair and reasonable."

5. In view of the above, the District Programme Officer, Establishment, West Champaran, is directed to take a final decision, on submission of representation with a copy of the order passed by this Court along with supportive materials with regard to claim of the petitioner, within a period of four weeks and after verifying from the records, if it is found that the petitioner has discharged his duties, in the event, the salaries for the admitted period shall be paid to her within a further period of six weeks, thereafter.

6. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) sharun/- U