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Patna High CourtCWJC/12935/2025disposed

Ranju Satyarthy v. The State Of Bihar

2025-08-18Mr. Justice Ajit Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12935 of 2025 ====================================================== Ranju Satyarthy D/o Radhe Shyam Sah, Wife of Arjun Prasad, Resident of Baijnath Sahay Lane, Manpur, Police Station- Manpur, District- Gaya. At present posted and working as Panchayat Teacher in Govt. Primary School Sapahi, Anchal- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary-cum- the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Deputy Secretary, Education Department, Govt. of Bihar, Patna. 4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The District Education Officer, Nawada.

6.

The District Programme Officer (Establishment), Nawada. 7.

The Block Education Officer, Rajauli, Nawada. 8.

The Mukhiya, Gram Panchayat Raj Sawaiya Tand, Anchal- Rajauli, DistrictNawada. 9.

The Panchayat Secretary, Gram Panchayat Raj Sawaiya Tand, AnchalRajauli, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned AC to GA-10 for the State.

2. The petitioner has approached this Court for the following reliefs:- (i) For directing the respondent authorities concerned to make payment of arrears of salary of the petitioner for the period since 07.12.2013 to March, 2022 and then since April, 2023 to till date as well as current salary as the petitioner has been

2/5 regularly discharging her duties with best of her abilities and to the satisfaction of authorities concerned but her payment of arrears of salary for the aforesaid period as well as the current salary is being not ensured, which is causing great difficulties to her.

(ii) For commanding and directing the respondent authorities concerned to pay the arrears of salary as well as current salary to the petitioner due since 07.12.2013 to March, 2022 and then since April, 2023 to till date as well as current salary as there are several decisions of this Court as also the Hon'ble Supreme Court that the payment of salary to an employee discharging his duties regularly cannot be stopped and one of such decisions is in the case of Hon'ble Supreme Court on 31.03.2022 in the case of Man Singh vs. State of U.P. vide 2022 LiveLaw SC 341. Further the petitioner is also entitled for payment of her arrears of salary as well as current salary in the light of the letter no.734 dated 08.07.2022 and 746 dated 11.07.2022 issued by the Additional Chief Secretary-cum-Principal Secretary, Education Department, Bihar, Patna, by which there is specific direction that the teacher's salary will not be withheld.

(iii) For commanding and directing the respondent authorities concerned especially the District Programme Officer (Establishment), Nawada to reactivate the employee ID i.e. 3621302100240 on E-Shiksha Portal so that the petitioner might be able to mark her attendance on E-Shiksha portal and send the same to the authorities concerned, as the same has wrongly been deactivated without any information and notice.

(iv) For commanding and directing the respondent authorities to dispose of the repeated

3/5 representations of the petitioner by reasoned and speaking order by ventilating her genuine grievances for payment of arrears of salary due 07.12.2013 to March, 2022 and then April, 2023 to till date as well as current salary and to reactivate her employee ID i.e. 3621302100240 on E-Shiksha Portal, without any further delay.

(v) For any other relief to which the petitioner is found entitled to in the eye of law.

3. It is the case of the petitioner that, despite discharging the duties regularly with due diligence and with best of her abilities to the satisfaction of the authorities concerned, the authorities have not paid salary since 07.12.2013 to March, 2022 and from April 2023 till date. The documents which have been appended in order to buttress the claim goes to show that in the year 2018, there was a verification carried on with regard to the documents that have been submitted for the purpose of seeking appointment to the said post but there is no other document which is said to have been appended showing verification of documents concluded in her favour save and except for certain statements pertaining to the claim having been made for payment of salary.

4. It is her case that inspite of all formalities of counseling, verification of documents having been done, the

4/5 petitioner is not being paid salary for the period as indicated above. In this background, there is no prudent document showing her continuance in service on the post in question from the date as indicated aforesaid.

5. In view of the foregoing discussions, the District Programme Officer (Establishment), Nawada, is directed to verify the contention of the petitioner, on a detailed representation being submitted showing her bona fide with regard to the claim having been made with respect to the salary for the period as indicated aforesaid, and if it is found in accordance with law, the necessary order shall be passed by the authority concerned, who is competent in law, within a period of eight weeks from the date of receipt/production of a copy of this order and ensure payment of salary on satisfaction having been recorded with regard to her bona fide, the petitioner shall be allowed to continue on the post without any hindrance, if otherwise, the petitioner's conduct is found satisfactory and in accordance with law.

6. It goes without saying that in case of any dereliction in duties being found in future, the authorities competent in law is always within its jurisdiction to take appropriate action in accordance with law.

5/5

7. With the aforesaid observation and direction, this writ application stands disposed of.

(Ajit Kumar, J) shikha/- U