Ganesh Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16200 of 2012 =========================================================== Ganesh Pandey, Son of Sanjay Pandey, Resident of Village Ranipur, Police Station Islampur, District Nalanda.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Nalanda at Biharshrif.

3. The District Education Officer, Nalanda.

4. The District Programme Officer, Nalanda.

5. The Block Education Extension Officer, Nalanda.

6. The District Programme Officer, Sarve Shiksha Abhiyan, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to GA-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 31-07-2018 Learned counsel for the petitioner is permitted to implead the District Programme Officer (Sarve Siksha Abhiyan), Nalanda as party respondent no.6.

2. Heard learned counsel for the petitioner and State.

3. The grievance of the petitioner in the present writ application is for payment of salary for the period 01.06.2008 to 01.09.2011.

4. Learned counsel for the petitioner submits that the petitioner has been validly appointed under Sarve Siksha Abhiyan.

5. The claim of the petitioner is disputed by the respondents.

Patna High Court CWJC No.16200 of 2012 dt.31-07-2018 2/2

6. In the matter of payment of salary, the respondents are required to examine the record and verify that the appointment of the petitioner is legal and valid and whether the petitioner has actually worked for the period he is claiming the salary.

7. Considering the totality of the facts situation, the writ application is disposed of with a direction to the respondent no.4 to enquire into the matter and if it is found that the appointment of the petitioner is legal and valid and the petitioner has actually worked for the period he is claiming salary, the District Programme Officer (Sarve Siksha Abhiyan), Nalanda shall ensure payment of salary to the petitioner for the aforesaid period.

8. Final decision in this regard must be taken by the respondent District Programme Officer (Sarve Siksha Abhiyan), Nalanda at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date02.08.2018 Transmission Date