Shashi Bala v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12803 of 2015 ====================================================== Shashi Bala wife of Sri Mithlesh Kumar Sinha, resident of Amla Toli, Hospital Road, at P.S. and District- Buxar.

... ... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna.

3. The Divisional Commissioner, Patna Division, Patna.

4. The Director, Secondary Education, Government of Bihar, Patna.

5. The Regional Deputy Director, Secondary Education, Patna Division, Government of Bihar, Patna.

6. The District Education Officer, Buxar.

7. The Principal, Nehru Smarak High School, Buxar.

8. The Principal, K.P. Uccha Vidyalaya, Dumri, Buxar.

9. Smt. Vimla Pal, the then Principal of the State Sponsored Girls High School, Buxar.

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

For the Petitioner/s :

Mr. Bhola Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kr Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The issue raised in the present writ application cannot appropriately decided in the present proceeding. The matter relates to the payment of salary for the period 1999-2000 for which respondents have to see whether the petitioner has actually worked for the said period or not.

Without entering into the controversy liberty is granted to the petitioner to file representation before the District Education Officer, Buxar, who shall inquire into the matter and

Patna High Court CWJC No.12803 of 2015(2) dt.28-11-2018 2/2 if it is found that petitioner was prevented for marking the attendance and restrained from discharging the duty, he shall also see that petitioner is compensated and paid salary as no work no pay is not attracted in a situation where respondents have restrained the petitioner for discharging the duty. Necessary decision in this regard may be taken by the respondent at earliest preferably within a maximum period of four months from the date of receipt / production of a copy of this order.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U