Hari Shankar Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4824 of 2013 ====================================================== Hari Shankar Roy S/o late Ram Bali Roy resident of village Harerampur, P.O. Ajani, District: Begusarai, At Present C/o Shri Anil Gupta, Gandhi Nagar( Katrahia) P.O.- Laxminagar, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Vikas Bhawan,Patna 3 The District Education Officer, Darbhanga.

4. The District Programme Officer (Establishment), Darbhanga.

5. The Block Education Extension Officer, Darbhanga

6. The Headmaster cum Drawing & Disburshing Officer, Middle School, Kabuchak, Darbhanga.

7. The L.N. Mithila University through its Registrar Darbhanga.

8. The Vice-Chancellor, L.N. Mithila University, Darbhanga. 9.The Registrar, L.N. Mithila University, Darbhanga.

10. The Controller of Examination, L.N. Mithila University Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Kumar Tiwary For the Respondent/s :

Mr. Rishiraj Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner with regard to payment of salary in appropriate scale is involved in the present writ application.

On behalf of the respondent in para-4 of the counter affidavit the following stand has been taken which is quoted

Patna High Court CWJC No.4824 of 2013(3) dt.14-08-2018 2/3 below:- "That with regard to statement made in para no.10,12, 13 and 14 it is stated that Notification dated 19.06.2012 vide Memo No. 2612 could not be implemented due to non receipt of verification report of petitioner bed Certificate from Lalit Narayan Mithila University, Darbhanga. Since a office order dated 10.12.2011 vide Memo No. 1239 has been issued stating therein inter alia that scale of Rs. 4500-125-7000 may be given to the petitioner after verification of Certificates."

From para-4 of the counter affidavit, it appears that appropriate amount on which petitioner is entitled is subject to verification of certificates of Lalit Narayan Mithila University, Darbhanga.

Mr. Harendra Kumar Tiwary, learned counsel for the petitioner has placed reliance on the notification issued by the Lalit Narayan Mithila University, Darbhanga to indicate that the certificate of the petitioner who has done teachers training from NTT College, Arer, Madhubani have been recognized. In view of the above, the writ petition is disposed of with liberty to the petitioner to represent District Programme Officer (Establishment), Darbhanga enclosing the copy of notification dated 16.7.2018 issued by the Lalit Narayan Mithila University, Darbhanga so that appropriate decision may be taken

Patna High Court CWJC No.4824 of 2013(3) dt.14-08-2018 3/3 in the light of the para-4 of the counter affidavit for payment of salary in the scale of Rs. 4500-7000/- as indicated in the aforesaid para-4 of the counter affidavit.

The appropriate decision and consequential benefit including the arrears and current salary must be ensured by the respondent within a period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Ravi/- U