Daud Ali Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11348 of 2014 ====================================================== Daud Ali Ansari son of Late Shahabuddin Ansari resident of village - Sakhe Ramdas, P.O. Jagarnatha, P.S. Uchka Gaon and District - Gopalganj ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Human Resources and Development, Government of Bihar, Patna

2. The District Magistrate, Gopalganj

3. The District Education Officer, Gopalganj

4. The Block Education Extension Officer, Uchaka Gaon, Gopalganj

5. The Head Master, Up - Graded Middle School ( Balak ) Shyampur, Block - Uchaka Gaon and District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr. Alok Kumar AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the instant case is non-payment of salary of 98 days.

On behalf of the respondent No. 3 counter affidavit has been filed where the responsibility was shifted on the employment unit. Submission was also made that the petitioner has remedy available by way of appeal before the District Teacher Employment Authority. The Court does not appreciate the aforesaid stand of the respondent. In the peculiar facts of this case, the writ petition is disposed of with a direction to the District Education officer (Establishment), Gopalganj to verify

Patna High Court CWJC No.11348 of 2014(2) dt.01-08-2018 2/2 the record and pass appropriate order with regard to the payment of salary for the period of 98 days i.e. April, 2009 to April, 2010 as in the matter of payment of salary the respondents have to verify the record ascertain whether petitioner has worked duing the aforesaid period or not?

Final decision on the claim of the petitioner may be taken by the respondent, District Education Officer (Establishment), Gopalganj within a period of four months from the date of copy 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.

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