Sangita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11760 of 2015 ====================================================== Sangita Kumari wife of Ajay kumar resident of Village- Gajrajganj, Ps Udwantnagar, District Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, District - Bhojpur at Ara.

3. The District Education Officer, Bhojpur, Ara.

4. The District Programme Officer,Bhojpur at Ara.

5. The Block Education Officer, Udwantnagar, Bhojpur.

6. The Panchayat Secretary Grampanchayat Chhota Sasaram Block, Udwantnagar, Bhojpur.

7. Arvind Kumar Panchayat Teacher at present Primary School Mahuli Bururg Prakhand-Udwantnagar, P.s Udwantnagar, District Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-11-2018 From the averments made in the writ petition and submissions advanced, it appears that real grievance of the petitioner is that he has not been made Incharge Headmaster and respondent No. 7 is working as Incharge Headmaster of the school. Learned counsel for the petitioner submits that after the order of posting the petitioner has joined but he has not been paid salary.

The issue of Incharge Headmaster does not require any adjudication in the present proceeding. The Court expects that the respondents will take appropriate decision for posting of regular

Patna High Court CWJC No.11760 of 2015 dt.27-11-2018 2/2 Headmaster in the school in question to avoid the issue of posting of Incharge Headmaster.

So far as the claim of the petitioner for payment of salary on posting is concerned, it goes without saying that if the petitioner has joined the post and he is regularly working, it would be obligation of the District Programme Officer (Establishment) to ensure payment of salary to the petitioner for the period the petitioner has discharged his duty on posting in the school. Necessary order for payment of salary must be passed by the District Programme Officer (Establishment) within a maximum period of one month 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) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.11.2018 Transmission Date NA