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Patna High CourtCWJC/13835/2015disposed

Anupam Kumar v. The State Of Bihar And ORS

2018-12-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13835 of 2015 ====================================================== Anupam Kumar Son of Sri Tilak Dhari Singh resident of village - Nawadih, P.O. Amaura, District - Rohtas, Bihar ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Government of Bihar, Patna

2. The Director, Primary Education, Bihar, Patna

3. The Regional Deputy Director of Education, Magadh Division, Patna

4. The District Programme Officer, Aurangabad

5. The Block Education officer, Barun, Aurangabad

6. The Block Development officer, Barun, Aurangabad

7. The Head Master, Rajkiya Upgraded Middle School, Khaira, Barun, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is claiming salary for the period the petitioner has worked.

Learned counsel for the respondents referring to the counter affidavit filed by the District Programme Officer submits that frequently the petitioner was found absent. However, he admits that till date respondents have not terminated the service of the petitioner.

In view of the above, the writ petition is disposed of with direction to the respondent to verify the record and on

Patna High Court CWJC No.13835 of 2015(3) dt.20-12-2018 2/2 verification of record it is found that the service of the petitioner has not been dispensed with then the respondents are under obligation to ensure payment of salary for the period the petitioner has worked.

Necessary decision with regard to entitlement of the petitioner for payment of salary for the aforesaid period and current salary may be taken by the respondents within a period of four months 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) Ravi/- U