Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17602 of 2019 ====================================================== Dharmendra Kumar, Son of Sachidanand Singh Resident of Village-Kaji bigha, Police Station -Nardiganj, District-Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 2.

The Director Primary Education, Bihar, Patna 3.

The District Magistrate Nawada 4.

The District Education Officer Nawada 5.

The District Programme Officer (Establishment) Nawada 6.

The Block Education Officer Nardiganj, District-Nawada 7.

The Head Master Primary School, Kaji bigha, Block-Nardiganj, DistrictNawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, For the Respondent/s :

Mr.Mukund Mohan Jha, AC to GP 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the instant case is non-payment of salary since October, 2015 till date. Learned counsel appearing on behalf of the petitioner submits that the petitioner was legally and validly appointed and working as Panchayat Teacher since 1.7.2006 but without any rhyme or reason the petitioner has not been paid salary. Taking work and denying salary is violative of Article 23 of the Constitution of India.

Patna High Court CWJC No.17602 of 2019(2) dt.30-08-2019 2/2 The issue as to payment of salary requires verification of the records.

In view of the above, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Nawada to verify the records and after verification if he comes to the conclusion that the petitioner has been legally and validly appointed and worked for the period he is claiming salary, the District Programme Officer (Establishment), Nawada shall ensure payment of salary for the period the petitioner has worked. Necessary decision in this regard must be taken by the respondent-District Programme Officer (Establishment), Nawada at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U