Nand Kumar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15544 of 2014 ====================================================== Nand Kumar Paswan son of Late Ram Chandra Paswan, resident of villageKahra, P.S. + District- Saharsa, presently posted as Assistant Teacher, Middle School, Mohanpur, Anchal- Simri Bakhtiyarpur, District- Saharsa ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Education, Government of Bihar, Patna

3. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna

4. The Regional Deputy Director of Education , Saharsa

5. The District Superintendent of Education, Supaul

6. The Area Education Officer, Pipra, District- Supaul

7. The Headmaster, Middle School, Madhura, Block- Kishanpur, DistrictSupaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Ga12- Ajay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The grievance of the petitioner in the instant case is non-implementation of the order passed by the District Programme Officer (Establishment), Saharsa, as contained in Annexure-9 dated 26.02.2013.

3. Learned counsel for the petitioner submits that the District Programme Officer (Establishment), Saharsa has already passed specific order for payment of salary for the period of suspension but till date the respondents have not paid salary for the period of suspension.

Patna High Court CWJC No.15544 of 2014 dt.10-08-2018 2/2

4. In view of the order dated 26.2.2013, annexure-9, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Saharsa to see that his aforesaid order is implemented in its letter and spirit and in case he finds lapse on the part of any of the officials, he is free to take all coercive action against them and get it implemented within a maximum period of 60 days from the date of receipt/production of a copy of this order, if not already implemented.

5. Liberty shall be available to the petitioner to file representation with regard to any other claim of payment of salary for the period during which he has worked but not paid salary. In case the petitioner files such representation raising such grievance, the respondents shall examine the claim and pass appropriate order within the period as indicated above.

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

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date