Trilok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12923 of 2019 ====================================================== Trilok Kumar Son of Sunil Kumar, Resident of village- Tintanga, P.S.- Tikkapatti, District- Purnia, Currently posted as Panchayat Teacher Primary School, Dhangar Tola, Dumar, Sameli, P.S. Falka, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Education Department, Government of Bihar, new Secretariat, Patna.

2.

Director Primary Education, Bihar, Patna.

3.

District Education Officer Katihar, Katihar.

4.

District Programe Officer, Establishment, District- Katihar. 5.

Panchayat Sachiv, Employment Unit, Dumar, Gram Panchayat Raj Dumar Block Semali, District- Katihar.

6.

Mukhiya, Gram panchayat Raj Dumar, Block Semali, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Vinay Pd. Singh, AC to GA-XII ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has approached this Court for a direction to pay salary for the period 05.01.2011 to 10.02.2012 and for the period 10.02.2012 to 11.12.2015 as the petitioner was kept out of job on ground that his experience certificate was forged and fabricated.

Learned counsel for the petitioner submits that the respondents on verification have found the experience certificate of the petitioner genuine thereafter they took decision

Patna High Court CWJC No.12923 of 2019(2) dt.01-07-2019 2/2 of reinstate.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to ensure payment of salary for the aforesaid period the petitioner was kept out of employment on the ground that his experience certificate was forged and fabricated. It is to be noted here that the termination of the petitioner was based on frivolous ground and when the respondents themselves admitted genuineness of certificate after verification and directed reinstatement and as such there is no reason to deny the salary to the petitioner for the period he was kept out of job.

Necessary decision granting salary of the petitioner for the period the petitioner was kept out of job arbitrarily on frivolous ground be taken by the respondents within a period of 60 days from the date of receipt/production of copy of this order and respondents are also require to ensure payment within a further period of 30 days from the decision.

With the aforesaid, the present writ petition stands disposed.

(Anil Kumar Upadhyay, J) mdrashid/- U