Patna High CourtCWJC/6237/2017disposed

Surendra Mishra v. The State Of Bihar And ORS

2017-12-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6237 of 2017 ====================================================== Surendra Mishra Son of Late Ramsanahi Mishra, Resident of Village- Pali, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Regional Deputy Director, Education, Aurangabad.

3. The District Magistrate, Aurangabad.

4. The Drawing & Distribution Officer, Goh, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Choudhary, Advocate Mr. Kulanand Jha, Advocate For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2017 Heard Mr. Alok Kumar Choudhary, counsel for the petitioner and counsel appearing on behalf of the State. The grievance of the petitioner is non-payment of salary since July, 2015.

Mr. Choudhary submits that the petitioner is regularly working but he is not being paid salary. The petitioner has already approached the respondents Regional Deputy Director of Education for redressal of his grievance vide Annexure 5 dated 5.12.2015. The respondents have not passed any order for payment of the salary of the petitioner.

In the aforesaid circumstances, the writ petition is disposed of with a direction to the respondent Nos. 2 and 3 to examine the claim of the petitioner in accordance with law and if it is

Patna High Court CWJC No.6237 of 2017(2) dt.21-12-2017 2/2 found that the petitioner is entitled to payment of salary, the respondent nos. 2 and 3 will ensure payment of salary within three months from the date of receipt/production of a copy of this order.

In the event the respondents decides not to make payment, they are under obligation to assign cogent reason for refusal of payment of salary.

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

(Anil Kumar Upadhyay, J) spandey/- U