Usha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1961 of 2017 ====================================================== Usha Kumari Wife of Vinkatesh Kumar Pathak, Resident of Mohalla- Godna Road Co-operative Colony, Ara, Post- Aniath, P.S. Nawada, District- Bhojpur at Ara, At present Posted as Principal Teacher, Primary School, Mirganj, P.S. Barhara, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Human Resources Development Department, Government of Bihar, Patna.

4.

The Regional Deputy Director of Education, Patna Division, Patna. 5.

The District Magistrate, Bhojpur at Ara.

6.

The District Education Officer, Bhojpur at Ara. 7.

The District Programme Officer, Establishment, Bhojpur at Ara. 8.

The Block Education Officer, Barhara Bhojpur. 9.

Sanjay Kumar Singh, Mukhiya Gram Panchayat Raj Babhangawan, Prakhand- Barhara, District- Bhojpur at 10.

The Panchayat Secretary, Gram Panchayat, Babhugawan, PrakhandBarhara, District- Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary, Advocate For the Respondent/s :

Mr.Madhaw Pd. Yadav- GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is aggrieved by non-payment of salary since July, 2016.

Learned counsel for the petitioner would submit that the petitioner has been legally and validly appointed and she has

Patna High Court CWJC No.1961 of 2017(4) dt.05-09-2019 2/2 been regularly working but till date she has not been paid salary. The issue of payment of salary requires factual enquiry as to validity of appointment and actual working for which the District Programme Officer (Establishment), Bhojpur at Ara is the competent authority.

Accordingly, the present writ petition is disposed of with a direction to the District Programme Officer (Establishment), Bhojpur at Ara to enquiry into the matter and if it is found that appointment of the petitioner is legal and valid and she has actually worked, ensure payment of salary and all consequential benefits to her. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days 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/- U