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Patna High CourtCWJC/15875/2010disposed

Md.Ziauddin v. The State Of Bihar And ORS

2018-07-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15875 of 2010 ====================================================== Md.Ziauddin S/O Late Md. Alimuddin R/O Vill Sirsi, P.S.Khodabandpur, Distt-Begusarai ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner-Cum-Secretary, Human Resources Department Govt. Of Bihar, Patna

3. The Special Secretary-Cum-Director, Human Resources Department , Primary Education Govt. Of Bihar, Patna

4. The District Magistrate Begusarai

5. The In-Charge Officer, District Development Branch Distt-Begusarai

6. The District Superintendent Of Education Begusarai

7. The Block Development Officer Bachwara Block, Begusarai

8. The Block Education Extension Officer Bachwara Block, Begusarai

9. The Mukhiya , Gram Panchayat Raj Bhikhamchak, Bachwara Block, DisttBegusarai

10. The Panchayat Secretary, Gram Panchayat Raj Bhikhamchak, Bachwara Block, Distt-Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyavrat Varma For the Respondent/s :

Mr. (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-payment of salary for the period the petitioner was not allowed to work despite the stay of the operation of the order dated 27.11.2007.

In view of the fact that the order of termination was stayed on 27.11.2007 vide order dated 10.02.2009, the respondents are required to examine the claim of the petitioner

Patna High Court CWJC No.15875 of 2010(3) dt.30-07-2018 2/2 for payment of salary for the period 11.02.2009 to July, 2009 and from December 2007 to 10.02.2009 when the petitioner was not allowed to join the service.

Necessary decision with regard to payment of salary for the aforesaid period may be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order as the respondents cannot deny salary for the period the petitioner was not allowed to work despite the stay order passed by this court dated 27.11.2007.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U