Patna High CourtCWJC/22283/2014disposed

Ramesh Kumar Singh v. The State Of Bihar And ORS

2018-08-07Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22283 of 2014 ====================================================== Ramesh Kumar Singh S/o Shivjee Singh, R/v Lasharhi, P>S. - Agiyanwa (Garhani), District - Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, Bhojpur, Ara.

3. The District Education Superintendent, Bhojpur, Ara.

4. The Regional Education Officer, Udbant Nagar, Bhojpur.

5. The District Panchayat Raj Padadhikari, Bhojpur, Ara.

6. The Block Development Officer, Sahar, Bhojpur.

7. The Block Education Extension Officer, Sahar, Bhojpur.

8. The Block Education Officer, Sahar, Bhojpur.

9. The Panchayat Sachiv Gram Panchayat Kharaon, Chaturbhuj, Sahar, Bhojpur.

10. The Mukhiya, Gram Panchayat Kharaon Chaturbhuj, Sahar, Bhojpur.

11. The Branch Manager, Madhaya Bihar Gramin Bank, Sahar Bhojpur.

12. The Branch Manager Punjab National Bank, Sahar, Bhojpur.

13. The District Programme Officer (establishment) Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Kumar Bhatnagar For the Bank :

Mr. Survesh Pd. Sigh No. 1, Adv.

For the Bank Res. No. 12:

Mrs. Kumari Rashmi, Adv.

For the State :

Nutan Kumari Sharma, AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2018

1. Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner is permitted to add the District Programme Officer (Establishment), Bhojpur at Ara as respondent no.13 during the course of day.

3. This writ petition has filed after two advance copies to the office of the Advocate General. But no one moved

Patna High Court CWJC No.22283 of 2014(2) dt.07-08-2018 2/3 on behalf of the respondent to respond to the writ petition and file any counter affidavit. Under aforesaid circumstance the court is compelled to dispose of the writ petition on the basis of the pleading available on the record.

4. The claim of the petitioner is that he was appointed as Panchayat teacher at New Primary School Kushwaha Tola, Kharaon. His further claim is that he was legally and validly appointed and regularly working, but the petitioner has not paid regular salary.

5. Learned counsel for the petitioner submits that at one point of time, cheques were issued in the name of the petitioner but the petitioner has not withdrawn the cheques because the signature of the Mukhiya was not put on the said cheques.

6. In view of the above, the Court does not feel persuaded to enter into the issues of validity of appointment of the petitioner whether it is legal and valid.

7. The District Programme Officer (establishment) Bhojpur at Ara, is directed to examine the record and if it is found that appointment of petitioner is valid and regular then necessary action for payment of salary of the petitioner for the period he has worked may be taken by the District Programme

Patna High Court CWJC No.22283 of 2014(2) dt.07-08-2018 3/3 Officer (Establishment) Bhojpur at Ara within a maximum period four months from the date of receipt/production of a copy of this order.

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

(Anil Kumar Upadhyay, J) banti/-T.Kr.