Patna High CourtCWJC/16106/2014disposed

Maya Sinha v. The State Of Bihar And ORS

2018-08-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16106 of 2014 ====================================================== Maya Sinha W/o Ashok Kumar Mandal, R/O Village- Dohat Narayan, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

2. The Director, Primary Education Government of Bihar, Patna

3. The District Education Officer, Darbhanga

4. The District Programme Officer (Establishment), Darbhanga

5. The Block Education Officer, Baheri, District- Darbhanga

6. The Panchayat Secretary Gram Panchayat Raj Bhindua, Block Kusheshwar Asthan East District- Darbhanga

7. The Mukhiya, Gram Panchayat Raj Bhindua Block Kusheshwar Asthan East District- Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Respondent/s :

Mr. Jai Prakash Sharma, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner is aggrieved by the non-payment of salary to the petitioner. The counsel for the petitioner submits that the petitioner was validly appointed as Panchayat Teacher in May 2012, but he was denied payment of salary. The action of respondent in denying salary would amount to Begari and violative of Article 23 of the Constitution of India. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent District Programme Officer (Establishment), Darbhanga to verify the record and pass

Patna High Court CWJC No.16106 of 2014(2) dt.03-08-2018 2/2 appropriate order as to whether the petitioner was validly appointed or not and also verify whether the petitioner has actually worked for the period. If the appointment of the petitioner is found legal and valid then the District Programme Officer (Establishment), Darbhanga will ensure the payment of salary to the petitioner for the period he has worked. Entire exercise in this regard must be completed by the respondent within a maximum period of the four months from the date of receipt/production of a copy of this order.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) banti/-T.Kr.