Nitishwer Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20635 of 2011 =========================================================== Nitishwer Jha, Son of Jaikant Jha, Resident of Village -Rampur, P.O. & P.S.- Runnisaidpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna.

2. The Director, Secondary Education, Govt. of Bihar, Patna.

3. The Deputy Director, Secondary Education, Govt. of Bihar, Patna.

4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

5. The District Education, Sheohar.

6. The Head Master, Ram Lakhan Ram Chandeshwar High School, Lalgarh, P.O.- Maksudpur Karariya, Distt.-Sheohar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mrs. Mohini Kumari, Advocate For the Respondent/s : Mr. Abhay Shankar Jha, SC14 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 12-07-2018 The present writ application has been filed in the year 2011 for a direction to the respondents to pay salary to the petitioner.

2. From the pleading, it appears that in 1990 the petitioner was initially appointed. The appointment of the petitioner was subsequently terminated and the matter was taken up to this Court and this Court after quashing the order remanded the matter back and thereafter the petitioner filed the present writ application for a direction to grant pay scale w.e.f.22.04.1999.

3. This writ application has been filed in 2011 and we are in 2018. Learned counsel for the petitioner is not in a position to apprise the Court about the latest position.

Patna High Court CWJC No.20635 of 2011 dt.12-07-2018 2/2

4. Under the circumstances, instead of keeping the writ application pending, the writ application is disposed of with liberty to the petitioner that if there is any subsisting grievance, he may approach the competent authority for payment of salary. If such representation is filed, the respondent authorities is required to examine the record of the petitioner and if it is found that petitioner's appointment is legal and valid and petitioner has actually worked for the period he is claiming salary appropriate order may be passed for payment of salary. Entire exercise in this regard must be completed within a period of 60 from the date of receipt of such representation along with a copy of this order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date13.07.2018 Transmission Date