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Patna High CourtCWJC/14590/2019disposed

Shabana Parween, v. The State Of Bihar.

2019-07-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14590 of 2019 ====================================================== Shabana Parween, D/o Md. Saleem, R/o At and P.O.- Madhopur, P.S.- Maniyari, District- Muzaffarpur, at present working as Swayam Sewak (Talmi Markaz) in the Govt. Middle School Madhopur, Block- Mushari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Magistrate, Muzzafarpur.

5.

The District Education Officer, Muzzafarpur.

6.

The District Programme Officer (Estt.), Muzzafarpur. 7.

The Block Education Officer, Mushari, District- Muzzafarpur. 8.

The Headmaster, Govt. Middle School Madhopur, Block- Mushari, DistrictMuzzafarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Respondent/s :

Mr.Kameshwar Kumar Gp17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-07-2019 The grievance of the petitioner in the present writ petition is non-payment of remuneration for the period the petitioner has worked as Talmi Markaz.

Taking work and denying remuneration would amount to Begari, which is violative of Article 23 of the Constitution of India.

Considering the aforesaid, the writ application is disposed of with a direction to the respondents to verify the records to ascertain whether the petitioner has worked as Talmi

Patna High Court CWJC No.14590 of 2019(2) dt.23-07-2019 2/2 Markaz or not for the period she is claiming salary. In case, if it is found that the petitioner has worked for the period she is claiming remuneration, the respondents shall ensure payment of salary for the period the petitioner has actually worked.

Necessary decision in this regard must be taken by the respondents at the earliest preferably within a maximum period of 60 days 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) uday/- U