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Patna High CourtCWJC/17758/2019disposed

Md. Nier Rahman v. The State Of Bihar

2019-09-02Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17758 of 2019 ====================================================== 1.

Md. Nier Rahman Son of Late Md. Shafiqur Rahman Resident of Ward No. 7, Haque Villa, Gaibandhi Tola Pokhariya, P.S.- Phenhara, District- East Champaran at Motihari.

2.

Alok Kumar Pandey Son of Late Rajdeo Pandey Resident of Village and P.O.- Bankatawa, P.S.- Paharpur, District- East Champaran at Motihari. 3.

Saket Bihari Son of late Arun Kumar Thakur Resident of Village - Phulwariya, P.O.- Kumhrar, P.S.- Phenhara, District- East Champaran at Motihari.

4.

Shabnam Pravin D/o Rahamatullah Ansari Resident of Village and P.O. - Phenhara, P.S.- Phenhara, District- East Champaran at Motihari. 5.

Nanhe Kumar Son of Kanchan Rawat Resident of Village - Bhagwatiya, P.s.- Kesharia, District- East Champaran at Motihari. 6.

Sudhanshu Kumar Son of Anil Kumar Rai Resident of Village - Riwan, P.S.- Karghar, District- Rohtas at Sasaram.

7.

Pankaj Kumar Son of Late Ramekbal Das Resident of Village - Bariyadih, P.S.- Harsidhi, District- East Champaran at Motihari. 8.

Mayuresh Ranjan Son of Late Sanjay Kumar Pandey Resident of Village - Bishunpur Tara, P.S.- Madhuban, District- East Champaran at Motihari. 9.

Sushil Kumar Son of Yogendra Ram Resident of Village - Juuain Lohiar, P.s.- Harsidhi, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

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

2.

The Director Primary Education, Govt. of Bihar, New Secretariat, Patna. 3.

The District Education Officer East Champaran at Motihari. 4.

The District Programme Officer (Establishment) East Champaran at Motihari.

5.

The Block Education Officer Phenhara, P.O. and P.S.- Phenhara, DistrictEast Champaran at Motihari. 6.

The Block Education Officer Paharpur, P.O. and P.S.- Paharpur, DistrictEast Champaran at Motihari. 7.

The Block Education Officer Kotwa, P.O. and P.S.- Kotwa, District- East Champaran at Motihari.

8.

The Block Education Officer Sugauli, P.O. and P.S.- Sugauli, District- East Champaran at Motihari.

9.

The Block Education Officer Harsiddhi, P.O. and P.S.- Harsiddhi, DistrictEast Champaran at Motihari. 10.

The Block Education Officer Madhuban, P.O. and P.S.- Madhuban, DistrictEast Champaran at Motihari.

Patna High Court CWJC No.17758 of 2019(2) dt.02-09-2019 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jitendra Kumar Roy1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-09-2019 The petitioners have approached this Court for a direction to the respondents to make payment of salary for 6.4.2018, 16.1.2018, 25.1.2018, 1.4.2017, 10.8.2017, 20.09.2017, 29.8.2017, 31.3.2018, 19.5.2017 respectively to till date, as detailed in paragraph 1 of the writ petition. Taking work and denying salary amounts to Beggari which is violative of Article 23 of the Constitution of India.

Considering the claim of the petitioners that they were validly and legally appointed and they have been regularly working, the writ petition is disposed of with a direction to the concerned respondents including the District Programme Officer (Establishment), East Champaran at Motihari to take appropriate decision with regard to payment of salary to the petitioners if they are found to have been legally and validly appointed and are working regularly. 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.

Patna High Court CWJC No.17758 of 2019(2) dt.02-09-2019 3/3 With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U