Shiwani Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22078 of 2012 =========================================================== Shiwani Kumari, D/O Sri Rudradeo Jha, Resident of Village - Masaha, P.S. - Parihar, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner-Cum-Secretary, Primary Education, Bihar, Patna

3. The Director Primary Education Bihar, Patna

4. The District Magistrate, Sitamarhi

5. The District Education Officer, Sitamarhi

6. The District Programme Officer (Establishment and Sarva Shiksha)

7. The Block Development Officer, Parihar Sitamarhi

8. The Panchayat Secretary, Gram Panchayat Raj Naranga (South) Parihar, District - Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 31-07-2018 Heard learned counsel for the petitioner and State.

2. The grievance of the petitioner in the instant writ application is non-payment of salary.

3. Learned counsel for the petitioner submits that the petitioner was validly appointed after following the selection process.

4. In the matter of payment of salary, the respondents are required to verify the legality and validity of the appointment of the petitioner and whether the petitioner has actually worked for the period she is claiming salary.

5. In view of the above, the writ application is

Patna High Court CWJC No.22078 of 2012 dt.31-07-2018 2/2 disposed of with a direction to the District Programme Officer (Establishment, Sarva Shikha), Sitamarhi to enquiry into the matter and if it is found that the appointment of the petitioner is legal and valid and the petitioner has actually worked for the period she is claiming salary, the District Programme Officer (Establishment, Sarva Shikha), Sitamarhi shall ensure payment of arrears as well as current salary to the petitioner.

6. Final decision in this regard must be taken by the respondent District Programme Officer (Establishment, Sarva Shikha), Sitamarhi within a period of four months from the date of receipt/production of a copy of this order.

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

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date01.08.2018 Transmission Date