Patna High CourtCWJC/3083/2017disposed

Vineeta Kumari v. The State Of Bihar And ORS

2017-03-03Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3083 of 2017 =========================================================== Vineeta Kumari, Wife of Vashisth Goswami, Resident of Village-Dharwa, P.S.- Laxmipur, District-Jamui. Presently Posted as Block Teacher, Elevated Middle School, Karnpur, Block-Laxmipur, District-Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department, of Education, Government of Bihar, Patna.

2. The District Education, Officer, Jamui.

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

4. The Block Education Officer, Laxmipur, District-Jamui. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Madhukar Mishra, AC to SC16 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 03-03-2017 Heard learned counsel for the petitioner and the State. It is submitted on behalf of the petitioner that this matter being covered by a decision of this Court rendered in Rehana Khatoon Vs. The State of Bihar & Ors. [2013(2) PLJR 469] can be disposed of in terms thereof.

Accordingly, this writ application stands allowed in terms of the decision rendered in Rehana Khatoon (supra) as well as a decision of this Court dated 14.2.2017 passed in C.W.J.C. No. 915 of 2017 [Chaman Lal Das Vs. The State of Bihar & Ors.] holding that since the petitioner had already cleared intermediate

Patna High Court CWJC No.3083 of 2017 dt.03-03-2017 2/2 examination on 31.5.2007 much before issuance of the concerned notification dated 4.7.2008, the same would not be applicable in the case of the petitioner.

After about 9 years of her absorption as Panchayat Teacher under the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006, Annexure 6 has been issued stopping the salary of the petitioner, the same cannot be allowed to stand.

In my view, such action is not at all sustainable in law, and as such, Annexure 3 is quashed and set aside. The authorities are directed to pay the current salary and arrears of salary of the petitioner expeditiously preferably within the period of three months from the date of receipt / production of a copy of this order. (Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2017 Transmission Date NA