Laxmi Devi @ Smt. Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18136 of 2019 ====================================================== Laxmi Devi @ Smt. Laxmi Yadav, Wife of Sri Dhanesh Yadav, Resident of Village- Rampur, P.O.- Belhi Khas, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The District Education Officer, Gopalganj.

3.

The District Programme Officer (Establishment), Gopalganj. 4.

The Block Education Officer, Vijaipur, District- Gopalganj. 5.

The Headmaster, N.P.S., Ratanpura, Anchal- Vijaipur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the respondents.

The petitioner is aggrieved by non-payment of salary since July, 2015.

Taking work and denying salary amounts to violation of Article 23 of the Constitution of India.

Considering the aforesaid, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj to take appropriate decision with regard to the claim of the petitioner for payment of salary after verification of the record. The District Programme Officer

Patna High Court CWJC No.18136 of 2019(2) dt.04-09-2019 2/2 (Establishment), Gopalganj shall verify the legality and validity of the appointment of the petitioner and also to verify the actual period of working of the petitioner and on satisfaction as to the legality and validity of the appointment and actual working of the petitioner, the respondent District Programme Officer (Establishment), Gopalganj shall pass appropriate order for payment of salary.

Necessary decision in this regard may be taken by the respondent District Programme Officer (Establishment), Gopalganj at the earliest preferably within a period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U