Narayan Dutta Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1718 of 2014 ====================================================== Narayan Dutta Mishra S/O Late Badri Mishra Resident Of Village Ankuri, P.S. Paliganj, District Patna.

... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Bihar, Patna.

2. The Special Director, Secondary Education, Bihar, Patna.

3. The District Education Officer, Patna.

4. The Chairman, Sanskrit Shiksha Board, Patna.

5. The Secretary, Sanskrit Shiksha Board, Patna.

6. The Secretary, Managing Committee, Kamla Sanskrit Prathmika Sah Madhya Vidyalaya, Ankuri, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate Mr. Randhir Kumar No-1, Advocate For the State :

Mr. AC to SC-22 For Resp. No. 6 :

Mr. Vinod Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 08-08-2018 The grievance of the petitioner in the present writ petition is non-payment of salary for the period from July 1983 to July, 1987.

2. Earlier the petitioner had approached this Court by filing a writ petition CWJC No. 729 of 2011 which was disposed of by order dated 27.7.2011 as contained in Annexure-8 with liberty to the petitioner to approach the Appellate Authority. The Appellate Authority passed order dated 1.10.2013, Annexure-9. The Special Director, Secondary Education held out that the claim as to payment of salary from July, 1983 to July, 1987 requires consideration by the Sanskrit Shiksha Board. It appears from the

Patna High Court CWJC No.1718 of 2014 dt.08-08-2018 2/2 counter affidavit filed on behalf of respondent no. 6 that necessary documents for adjudication of the claim of the petitioner was submitted by the Managing Committee of the School on 29.5.2012.

2. In view of the above, the writ petition is disposed of with a direction to the respondent-Sanskrit Shiksha Board to take final decision on the claim of the petitioner after verification of the record and documents which were sent to the Board on 29.5.2012 for payment of salary for the aforesaid period within four months from the date of receipt/production of a copy of this order. Final decision with regard to the entitlement of the petitioner may be taken by the Sanskrit Shiksha Board so that payment may be made by the competent authority in this regard.

3. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2018 Transmission Date