Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19308 of 2021 ====================================================== 1.

Pawan Kumar S/o Shri Parasnath Singh Resident of Village- Pathraura, P.O.- Kurkihar, P.S.- Wajirganj, District- Gaya and presently posted as an Assistant teacher in Primary School Karma under Panchayat Bari, Prakhand Dobhi, District- Gaya.

2.

Ashok Kumar S/o- Shri Ramadhin Prasad Resident of Village- Ghureparsa, P.O.- Ayer, P.S.- Atri, District- Gaya and presently posted as an Assistant Teacher at Middle School Panditput Sohari, Prakhand- Mohra Gaya. 3.

Dharmendra Kumar S/o- Shri Chandeshwsar Prasad Resident of VillageShahpur Matiyon, P.O.- Moulanagar, P.S.- Atari, District- Gaya and presently posted as an Assistant Teacher at Primary School Imliatand, Barachatti, Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Gaya.

5.

The District Programme Officer, (Establishment), Gaya. 6.

The Block Education Officer, Dobhi, Gaya.

7.

The Block Education Officer, Mohra, Gaya.

8.

The Block Education Officer Barachatti, Gaya. 9.

The Panchayat Secretary, Gram Panchayat Raj, Bari Prakahand Dobhi, Gaya.

10.

The Panchayat Secretary, Gram Panchayat Raj, Jhajh, Barachatti, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 06-05-2024 Heard learned counsel for the petitioners as well as learned counsel for the State.

Patna High Court CWJC No.19308 of 2021 dt.06-05-2024 2/3 2.

Learned counsel for the petitioners submit that petitioner no.1 was appointed as a Panchayat Teacher at Primary School Pidasin Tola (Karma) under Gram Panchayat Raj Bari, Prakhand-Dobhi under District- Gaya, petitioner no.2 was appointed as a Prakhand Teacher at Middle School, PanditpurSohari, Mohara Prakhand in the district of Gaya and petitioner no.3 was appointed as a Panchayat Teacher Primary School Imliatand, Barachatti Gaya.

3.

He further submits that the salary of the petitioners was stopped without any information and accordingly, the petitioners contacted the respondents but till date they have not paid their salary since June 2018. The petitioners are still working in their respective schools and election duty has also been assigned to them.

4.

Learned counsel for the State submits that the salary of the petitioners was stopped because the certificate of the petitioners was not from a recognized institution and this has also been confirmed by the Apex Court.

5.

Considering that the petitioners are still discharging their duties, the respondent no.5, District Programmer Officer, Establishment, Gaya is directed to pay the salary of the petitioners from June 2018 to the period for which the

Patna High Court CWJC No.19308 of 2021 dt.06-05-2024 3/3 petitioners have discharged their duties, within a period of three months from today.

6.

Accordingly, this writ application is disposed of. (Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2024 Transmission Date NA