Krishna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16145 of 2019 ====================================================== 1.

Krishna Das Son of Sri Lakshu Rabidas @ Laxu Das @ Lachhu Das Resident of Village- Bujhayat, P.S.- Charkapatthar, District- Jamui. 2.

Ranjeet Kumar Son of Sri Arjun Yadav Resident of Village- Barha Bank, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education, Bihar, Patna. 2.

The District Primary Education, Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The District Education Officer, Jamui.

5.

The District Programme Officer Establishment (Education), Jamui. 6.

The District Programme Officer (Primary Education), Jamui. 7.

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

For the Petitioner/s :

Mr.Bharat Lal, Advocate For the Respondent/s :

Mr.Prabhat Ranjan Singh, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The grievance of the petitioners in the present writ petition is non-payment of salary.

Learned counsel for the petitioners would submit that the petitioners are regularly working but they have not been paid salary despite discharging the duty and responsibility of their posts. The salary of the petitioner No. 1 is not paid for the months of May and June, 2017 and from December, 2018 till

Patna High Court CWJC No.16145 of 2019(2) dt.08-08-2019 2/3 date. Similarly the salary of the petitioner No. 2 is not paid for the months of May 2018, July, 2018 to January, 2019 and from April, 2019 onwards.

The issue of payment of salary requires factual enquiry, which is in the realm of the District Programme Officer (Establishment), Jamui.

Considering the nature of grievance, the writ petition is disposed of with a direction to the District Programme Officer (Establishment) , Jamui to verify the record to ascertain whether the petitioners have been validly appointed and they have actually worked. On verification, if it is found that the petitioners have been validly appointed and they have worked for the period they are claiming salary, the respondents shall pass appropriate order and ensure payment of salary for the period they have worked. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U

Patna High Court CWJC No.16145 of 2019(2) dt.08-08-2019 3/3