Nilam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17982 of 2019 ====================================================== Nilam Kumari Wife of Sri Ajit Sharma Resident of Village- Bheria, P.O.- Bheria, P.S.- Thawe, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The District Education Officer Gopalganj.

3.

The District Programme Officer (Establishment) Gopalganj. 4.

The Block Education Officer Manjha, District- Gopalganj. 5.

The Headmaster Up-graded Middle School, Bhawaniganj, Anchal- Manjha, District- Gopalganj.

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

For the Petitioner/s :

Mr. Bipin Bihari Singh, Adv.

Mr. Shyama Kant Singh, Adv.

For the Respondent/s :

Mr. Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner is non payment of arrears salary and current salary for the period of January, 2015 to till date.

Learned counsel appearing on behalf of petitioner submits that petitioner has worked as Panchayat Teacher but petitioner has not been paid salary for aforesaid period. The issue requires factual enquiry. Taking work and denying salary is not permissible as it would amount to beggary. However, the issue of payment of salary requires scrutiny of facts, firstly the

Patna High Court CWJC No.17982 of 2019(2) dt.04-09-2019 2/2 enquiry as to the validity of the appointment, secondly, the issue as to actual working. This factual enquiry is within the domain of the District Programme Officer (Establishment), Gopalganj. Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj to verify the record to ascertain the validity of the appointment of the petitioner and decide the claim of the petitioner for payment of salary within a period of 60 days from the date of receipt/production of copy of this order.

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

(Anil Kumar Upadhyay, J) mdrashid/- U