Dinesh Kumar Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20745 of 2013 ======================================================
1. DINESH KUMAR SINGH S/O LATE KAMAL SINGH RESIDENT OF VILLAGE- PANAPUR DILAWARPUR, P.SBIDDUPUR, DISTRICT- VAISHALI, AT PRESENT WORKING AS ROUTINE CLERK IN R.N. COLLEGE,HAJIPUR.
2. ISHWAR CHANDRA ROY S/O LATE RAM BAHADUR ROY RESIDENT OF MOHALLA- ANWARPUR GANDHI ASHRAM, P.S- HAJIPUR TOWN, DISTRICT- VAISHALI AT PRESENT WORKING AS ROUTINE CLERK IN R.N . COLLEGE, HAJIPUR.
3. SURESH PRASAD SINGH S/O SHRI BALESHWAR SINGH RESIDENT OF VILLAGE AND P.O- DHAMDHUA, P.SJANDAHA, DISTRICT- VAISHALI, AT PRESENT WORKING AS ROUTINE CLERK IN R.N. COLLEGE, HAJIPUR.
... ... Petitioner/s
Versus
1. The State Of Bihar, Through The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna.
2. Director, Higher Education, Govt. Of Bihar, Patna.
3. The Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.
4. B.R. Ambedkar Bihar University, Muzaffarpur Through Its Registrar
5. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur.
6. The Principal, Raj Narain College, Hajipur, Vaishali. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nand Kumar Singh For the Respondent/s :
Mr. Shyam Kishor Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-08-2018
1. This case was listed for admission on different dates earlier but unfortunately no one had appeared on behalf of
Patna High Court CWJC No.20745 of 2013(3) dt.16-08-2018 2/3 the petitioners. As a matter of last indulgence, case has been listed today and when the case was called out no one has appeared on behalf of the petitioners.
2. This writ petition was filed by the petitioners on 07.10.2013 with two advance copies to the respondents but even after lapse of more than four years no step was taken by the respondents to file counter affidavit. In view of the reluctance of the respondents, the Court is constrained to decide the matter on the basis of averments made in the writ petition.
3. The petitioners were appointed in Raj Narain College, Hajipur as non-teaching staff and they have been paid salary regularly upto May 2013. The salary of petitioners have not paid for the period June, 2013 to August 2013.
4. The matter of payment of salary requires factual inquiry whether the petitioners have actually worked or not and on verification of the record if it is found that they have worked, it shall be obligation of the University to make payment of salary to the petitioners for the period they claim to have worked. Taking work without payment of salary is a beggary which is prohibited under Article 23 of the Constitution of India.
5. Under the aforesaid circumstance, the respondents are directed to take appropriate decision on the claim of the
Patna High Court CWJC No.20745 of 2013(3) dt.16-08-2018 3/3 petitioners and ensure payment of salary- current as well as arrears- for the period petitioners have actually worked within a maximum period of three months from the date of receipt/ production of a copy of this order.
6. With the aforesaid the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) T.Kr./- U