Mahafoojul Hak Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13399 of 2019 ====================================================== Mahafoojul Hak Khan S/o Anavarul Hak Khan, R/o- Vill. + P.O.- Chhata, P.S.- Durgawati, Distt.- Kaimoor at Bhabhua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt of Bihar, Patna.

2.

The Director Primary Education, Government of Bihar, Patna. 3.

The District Magistrate Kaimoor at Bhabhua.

4.

The District Education Officer Kaimoor at Bhabhua. 5.

The District Programme Officer Establishment Kaimoor at Bhabhua. 6.

The Block Development Officer Durgawati, Distt- Kaimoor at Bhabhua. 7.

The Panchayat Secretary Gram Panchayat Raj Khamidaura, Block Durgawati, Distt.- Kaimoor at Bhabhua.

8.

The Head Master, Kanya Primary School, Isari, Block- Durgawati, Distt.- Kaimoor at Bhabhua.

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh, Advocate For the Respondent/s :

Mr. Sunil Kumar, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the respondents.

The petitioner is aggrieved by non-payment of salary. Learned counsel for the petitioner submits that the petitioner has joined the post of Panchayat Teacher pursuant to the order dated 29.04.2015 passed by the District Teachers Appellate Authority, Kaimur, Bhabhua in Appeal No. 37 of 2014. Unfortunately, the respondents are taking work and denying salary that amount to Begari, which is not permissible.

Patna High Court CWJC No.13399 of 2019(2) dt.04-07-2019 2/2 If the petitioner is regularly working pursuant to the order passed by the District Teachers Appellate Authority, the respondents are under obligation to pay the salary. If the petitioner has not been paid the salary despite discharging his duty as Teacher, the respondents are required to pay salary (arrears as well as current) within a maximum period of 60 days from the date of receipt/production of a copy of this order, failing which the respondents have to pay interest at the rate of 9% from the date of its accrual till the date of actual payment and the interest component shall be realized from the respondents District Education Officer and District Programme Officer (Establishment), Kaimur at Bhabhua.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U