Priyadarshi Ajay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17089 of 2019 ====================================================== Priyadarshi Ajay, S/o Late Surya Narayan Singh, Resident of Village- Gadua, Police Station- Sheikhpura, District- Sheikhpura, presently posted as Prakhand Teacher in Upgraded Middle School, Gangapur, Block- Ariari, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna 2.

The District Edcucation Officer, Sheikhpura 3.

The District Programme Officer, Sheikhpura 4.

The Block Development Officer, Ariari, District- Sheikhpura 5.

The Block Education Officer, Ariari, District- Sheikhpura 6.

The Headmaster, Upgraded Middle School, Gangapur, Block- Ariari, District- Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. AC to GA, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and the respondents.

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

Learned counsel for the petitioner submits that in the name of verification of certificate, the salary of the petitioner has been stopped since 01.09.2013.

Verification of certificate is within the realm of the respondents and no one can object to verification of the certificate, but there should be a reasonable time limit. For

Patna High Court CWJC No.17089 of 2019(2) dt.22-08-2019 2/2 verification of certificate, one cannot be allowed to stop the salary and leisurely conduct the verification for six years. The petitioner has not been paid salary in the name of verification, which is ex facie arbitrary exercise of power. Considering the fact that the petitioner is working as teacher, but not getting salary since 01.09.2013, the writ application is disposed of with a direction to the respondents to complete the verification of the certificate of the petitioner at the earliest within a period of 60 days from the date of receipt/production of a copy of this order and thereafter pass appropriate order for payment of salary, if the certificate of the petitioner is found genuine.

It is made clear that after 60 days, the respondents may not take the plea of non-verification of certificate to stop the salary.

With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U