Md. Sawood Alam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17406 of 2019 ====================================================== Md. Sawood Alam S/o Md. Sakil Uddin R/o Vill. and Post- Chainpur, District- Araria Bihar- 854325 and present working as an Assistant Science Teacher in Madarsa, Islamiaya, Chainpur, Araria (Madarsa no.- 417) ... ... Petitioner/s

Versus

1.

The Union of India Through its the Secretary Human Resources Development Department, Government of India, New Delhi. 2.

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

The Special Director Secondary Education, Government of Bihar, Patna. 4.

The District Education Officer Araria.

5.

The District Programme Officer (Establishment) Araria. 6.

The Chairman Bihar State Madarsa Education Board, Patna. 7.

The Secretary Bihar State Madarsa Education Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC16 For the UOI :

Mr. Abhay Shankar Jha, Advocate For the Madarsa Board :

Mr. Shahzad Hasan Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Heard the parties.

The present writ petition has been filed for the direction to the respondents for approval of service of the petitioner as well as dues arrears of salary w.e.f. from initial date of joining.

In order to modernize the Madarsa, a policy decision was taken by the Human Resources Development, Government of India for appointment of teachers in English, Math, Science, etc. to provide quality education in Madarsa.

Patna High Court CWJC No.17406 of 2019(2) dt.27-08-2019 2/2 The petitioner was appointed in the Madarsa, in furtherance of decision of Central Government as Science teacher, but due to the lackadaisical approach of the respondent, the service of the petitioner has not been approved and as a result thereof the petitioner is not getting the salary along with allowance. Notwithstanding, the fact that Madarsa Board is regularly receiving fund from the Government. Considering the aforesaid facts, this writ application is disposed of with the direction to the respondents to take appropriate decision with regard to the claim of the petitioner for approval of service at the earliest, preferably within a period of 60 days from the date of receipt/production of a copy of this order. Thereafter, the competent authority is required to ensure the payment of salary of the petitioner within a further period of 30 days.

With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) S.Katyayan/- U