Ruksana Khatun v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7610 of 2017 ====================================================== Ruksana Khatun W/o - Khurshid Alam R/o - Jaadopur, Post - Jaadopur, Ward No. - 05, District - Gopalganj.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The District Programme Officer Establishment, Gopalganj. 3.
The Block Education Officer, Gopalganj.
4.
The Panchayat Sachiv, Gram Panchayat Raj Bishunpur East, Block - Gopalganj, District - Gopalganj.
5.
The Mukhiya, Gram Panchayat Raj Bishunpur East, Block - Gopalganj, District - Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Bihari Singh For the Respondent/s :
Mr.Madhaw Pd. Yadav- Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The similar issue was considered by this Court in C.W.J.C. No. 14462 of 2019 vide order dated 22.7.2019. The relevant part of the order of C.W.J.C. No. 14462 of 2019 dated 22.7.2019 is quoted below:- "Learned counsel for the petitioners would submit that the petitioners have been appointed as Panchayat Teachers on 29.03.2017. They are regularly working but unfortunately, they have not been paid salary. Taking
Patna High Court CWJC No.7610 of 2017(5) dt.22-08-2019 2/3 work and denying salary is exploitation and Beggary which is violative of Article 23 of the Constitution. It appears that officials in the State of Bihar are practicing Beggary notwithstanding it is violative of the Article 23 of the Constitution of India.
On frequent complaints of nonpayment of salary, the Principal Secretary of the Education Department sent a letter dated 17.06.2015, but it appears that the letter of the Principal Secretary, Education Department is of no avail, The Court is flooded with the problem of writ petitions involving non-payment of salary.
Considering the aforesaid fact and the submission that the petitioners are regularly working and not getting salary, the present writ petition is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj to take appropriate decision with regard to the payment of salary to the petitioner within a period of 30 days from the date of receipt of a copy of this order, failing which, the amount of arrears will carry interest at the rate of 9% which shall be borne from the pocket of the District Programme Officer (Establishment), Gopalganj.
Let a copy of this order be communicated to the Principal Secretary
Patna High Court CWJC No.7610 of 2017(5) dt.22-08-2019 3/3 for appropriate action against the erring officers who have defied the instruction dated 17.06.2015 and not paid the teachers even after they have worked.''
In view of the above, the present writ application is disposed of in terms of C.W.J.C. No. 14462 of 2019 disposed of on 22.7.2019.
(Anil Kumar Upadhyay, J) Ravi/- U