Narendra Prasad Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10476 of 2017 ====================================================== Narendra Prasad Mandal, Son of Ramdev Prasad Mandal, Resident of Village-Ghasitari, P.O.-Telwa Bazar, P.S.-Simiutalla, District-Jamui. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariate, Patna.

2. The Principal Secretary, Education Department Govt. of BIhar, New Secretariate, Patna.

3. The District Programme Officer, (Establishment), Jamui.

4. The District Education Officer, Jamui.

5. The Block Education Officer, Jhajha, District-Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy No-1 Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents.

In the counter affidavit in para-5, the respondents have made specific statement which reads as follows:- "Pursuant to an order dated 14.02.2017 passed in C.W.J.C. No. 915 of 2017 and subsequent direction of the Director, Primary Education, Government of Bihar thus respondent has allowed payment of salary to all similarly situated teachers vide an order contained in letter no.1123 dated 26.09.2017."

In view of the statement made in para-5 of the counter affidavit, the writ petition is disposed of as respondents themselves have decided to grant relief to the petitioner and

Patna High Court CWJC No.10476 of 2017(3) dt.22-02-2018 2/2 other similarly circumstanced petitioners. In case, the petitioner is still aggrieved, liberty shall be available to the petitioner to approach before the respondent authority within a period of one month alongwith a copy of this order.

It is needless to state here that in view of the statement made in para-5 of the counter affidavit, the respondents are required to take final decision with regard to payment of arrears, if not already paid. Such decision must be taken within a period of two months and also ensure the same within a further period of two months.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U