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Patna High CourtCWJC/18755/2019disposed

Arvind Kumar Choubey @ Arbind Kumar Choubey v. The State Of Bihar

2019-09-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18755 of 2019 ====================================================== Arvind Kumar Choubey @ Arbind Kumar Choubey Son of Bachcha Choubey, Resident of Village- Garar, Post- Hussainganj, Police StationAndar, District- Siwan ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Siwan.

3.

The District Education Officer, Siwan.

4.

The DistrictProgramme officer(Establishment), Siwan. 5.

The Block Education Officer, Jiradei, Siwan.

6.

The Mukhiya, Gram Panchayat Raj, Garar, Police Station- Andar, Siwan. 7.

The Panchayat Secretary, Gram Panchayat Raj, Garar, Police Station- Andar, Siwan.

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

For the Petitioner/s :

Mr.Gyan Prakash For the Respondent/s :

Smt.Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2019 The grievance of the petitioner in the present writ application is non payment of salary.

Learned counsel appearing on behalf of the petitioner would submit that arbitrarily the employment unit has terminated the service of the petitioner which was assailed by the petitioner before District Teacher Employment Appellate Authority (Annexure-2) and the District Teacher Employment Appellate Authority has set aside the decision of the Gram Panchayat Raj. The appeal preferred by the respondents before

Patna High Court CWJC No.18755 of 2019(2) dt.13-09-2019 2/2 the State Appellate Authority failed yet the petitioner is not getting salary.

Under the aforesaid circumstances, the writ petition is disposed of with a direction to the respondent no.4 to ensure payment of salary to the petitioner for the period the petitioner has worked or restrained from working on the basis of illegal order of termination which was set aside the District Teacher Employment Appellate Authority and approved by the State Appellate Authority at the earliest, preferably within a period of 45 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U