Arsh Tara Khatoon And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2508 of 2016 ======================================================

1. Arsh Tara Khatoon wife of Md. Alam resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

2. Md. Sadre Alam son of Shamsuddin resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

3. Md. Isha son of Late Sk. Md. Yakun resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

4. Abdul Mannan son of Md. Badruddin resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

5. Md. Haidar Ali son of Late Sk. Bhola resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

6. Absar Alam son of Yusuf Ali resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

7. Md. Shahnawaj Alam son of Mustaque Ahmad resident of Village - Dhobhi, P.O. - Daniyal Parsauna, P.S. - Sahti, District - West Champaran.

8. Mohammad Perwez son of Md. Emam Hassan resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

9. Md. Naseem son of Abdul Alim resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

10. Jahana Perween wife of Md. Perwez resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran. 11.Rehana Parween wife of Tanvir Alam resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran.

12. Md. Doja son of Late Sk. Nezamuddin resident of Village & P.O. - Daniyal Persauna, P.S. - Sathi, District - West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through, the Chief Secretary Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The Special Director, Secondary Education, Government of Bihar, Patna.

4. The District Education Officer, West Champaran.

5. The District Programme Officer (Establishment) West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anis Akhtar For the Respondent/s :

Mr. Rakesh Ranjan, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-02-2018 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the State.

Patna High Court CWJC No.2508 of 2016(3) dt.12-02-2018 2/3 In view of the supplementary affidavit filed on behalf of the petitioners and on instructions from the petitioners, Mr. Anis Akhtar, learned counsel for the petitioners, submits that all the petitioners except petitioner No. 8 have received salary upto November, 2017 and as such, the grievance of the petitioners except petitioner No. 8 stands substantially redressed. In the counter affidavit, there is no averment as to why the respondents have not paid the salary to the petitioner No. 8 nor there is any averment that by what time, the respondents proposes to decide and pay the salary of the petitioner No. 8. Under the aforesaid circumstance, the writ petition is disposed of with a direction to the respondent No. 4 to specifically consider the case of the petitioner No.

8 and if the petitioner No. 8 is found to be similarly circumstanced like other petitioners of this writ petition, same treatment should be extended to the petitioner No. 8 also and respondent No. 4 is required to ensure payment of salary like other petitioners within a maximum period of 60 days from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.2508 of 2016(3) dt.12-02-2018 3/3 hereinabove.

(Anil Kumar Upadhyay, J) ajay gupta/- U