Meena Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15556 of 2019 ====================================================== 1.

Meena Sinha D/o Sri Jagdish Prasad Sinha, Resident of Village Samir Nagar,Koshi College Road,P.S. Chitra Gupta Nagar,Khagaria. 2.

Dr. Abha Rani W/o Sri Awadhesh Jha Resident of Village Jai Prakash Nagar,Mahatma Gandhi Road,Police Station and Dist.Khagaria 3.

Sri Sudhansu Kumar S/o Raghu Nandan Prasad Resident of Village Shastri Nagar (Dantola),Police Station and Dist.Khagaria 4.

Rajesh Kumar S/o Sundar Lal Azad Resident of Village Hajipur Khagaria,Police Station and Dist.Khagaria 5.

Krishna Devi W/o Brahmdeo Singh Resident of Village Chitragupta Nagar,Police Station and Dist.Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Govt. of Bihar, Old Secretariat, Patna 2.

Principal Secretary, Department of Education,Govt. of Bihar,Old Secretariat,Bihar,Patna 3.

Director,Secondary,Education, Govt. of Bihar,Patna 4.

The District Magistrate, Khagaria 5.

The District Programme Officer, Establishment,Khagaria 6.

The Treasury Officer, Khagatia 7.

Arya Kanya Uchch Vidyalaya, Khagaria through its Managing Committee. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

For the Respondent/s :

Mr. Sunil Kumar, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The grievance of the petitioners in the present writ application is that respondent authorities have acted arbitrarily in disbursement of ground. Learned counsel for the petitioner would submit that although the State Government has released fund for payment of teaching and non teaching staff in the

Patna High Court CWJC No.15556 of 2019(2) dt.01-08-2019 2/2 institution in question but due to the lapses of the respondent District Programme Officer (Establishment), Khagaria the fund allocated by the State Government was not release and as such the fund earmark for the institution in question was lapse. If the fund was earmark by the State Government for payment of teaching and non teaching staff of the Arya Kanya Uchch Vidyalaya, Khagaria then due to the lapse of respondent no.5, the petitioner cannot be made to suffer.

Considering the aforesaid, the writ application is disposed of with a direction to the respondents Director, Secondary Education to esquire into the matter and if it is found that the fund of earmark the petitioner's institution in question have not been released by the respondent no.5 then he shall ensure that the fund earmark for the institution in question is released by the concerned respond so that the fund may be properly utilized for the payment of salary of teaching and non teaching staff of the institution in .

Necessary decision in this regard must be taken by the respondents within a maximum period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U