Madhu Kumari @ Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14987 of 2019 ====================================================== Madhu Kumari @ Madhu Devi W/o Indradeo Paswan Vill.- Sabaijore, P.s.- Sono, Distt.- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary Education Department, Bihar, Patna 3.

The Director Primary Education Department, Bihar, Patna 4.

The District Magistrate Jamui 5.

The Distirct Education Officer Jamui 6.

The District Programme Officer (Estb) Jamui 7.

The Block Education Officer Sono, Jumui 8.

The Drawing Disbursing Officer Upgraded Middle School, Gidhadi, P.s.- Sono, Distt.- Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Respondent/s :

Mr.Madanjeet Kumar ( Gp20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is for non-payment of salary since December, 2018 to till today.

Learned counsel for the petitioners would submit that the petitioners have been appointed as Panchayat Teachers on 30.11.2006. They are regularly working but unfortunately, they have not been paid salary. Taking work and denying salary is exploitation and Beggary which is violative of Article 23 of the

Patna High Court CWJC No.14987 of 2019(2) dt.25-07-2019 2/2 Constitution. It appears that officials in the State of Bihar are practicing Beggary notwithstanding it is violative of the Article 23 of the Constitution of India.

On frequent complaints of non-payment of salary, the Principal Secretary of the Education Department sent a letter, but it appears that the letter of the Principal Secretary, Education Department is of no avail, The Court is flooded with the problem of writ petitions involving non-payment of salary. Considering the aforesaid fact and the submission that the petitioners are regularly working and not getting salary, the present writ petition is disposed of with a direction to the District Programme Officer (Establishment), Jamui to take appropriate decision with regard to the payment of salary to the petitioner within a period of 60 days after verification as to validity of appointment of the petitioner and her actual working, failing which, the amount of arrears will carry interest at the rate of 9% which shall be borne from the pocket of the District Programme Officer (Establishment), Gopalganj. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U