Priyanka Kumari And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7642 of 2017 ======================================================
1. Priyanka Kumari, D/o Jay Kumar Singh, Resident of VillageKhaira, P.S.- Darigaon, Dist- Rohtas, Presently posted as Panchayat Teacher in Primary School- Kura, Panchayat- Akodhi, Block- Mohaniya, Dist- Kaimur.
2. Brajesh Kumar Srivastava, S/o Narad Lal, Resident of VillageMohaniyan, P.S. and Block- Mohaniyan, Dist- Kaimur (Bhabhua). Presently posted as Panchayat Teacher in Primary School Daniyalpur Kurai, Panchayat Akodhi, Block- Mohaniyan, Dist- Kaimur.
3. Ajit Singh, S/o Jitendra Singh, Resident of Village- Kura, P.S.- Mohaniyan, Dist- Kaimur (Bhabhua). presently posted as Panchayat Teacher on Primary School- Kura, Panchayat- Akodhi, Block- Mohaniyan, Dist- Kaimur (Bhabhua).
4. Rajanikant, S/o Radheshyam Ram, Resident of Village- Baghini, P.S.- Mohaniyan, Dist- Kaimur (Bhabhua). Presently posted as Panchayat Teacher in Primary School Devkali, PanchayatAkodhi, Block- Mohaniyan, Dist- Kaimur (Bhabhua).
5. Dharmendra Kumar, S/o Kashinath Prasad, Resident of VillageRuiya (Mahuavari), P.S.- Bhabhua, Dist- Kaimur (Bhabhua). at present posted as Panchayat teacher in Primary SchoolDaniyalpur Kurai, Panchayat- Akodhi, Block- Mohaniyan, DistKaimur (Bhabhua). ... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Director, Primary Education, H.R.D., Patna, Bihar.
3. The District Magistrate, Kaimur (Bhabhua).
4. The District Education Officer, Kaimur (Bhabhua).
5. The District Program Officer (Establishment), Dist- Kaimur (Bhabhua).
6. The Block Education Officer, Block- Mohaniyan, Dist- Kaimur (Bhabhua).
7. The Panchayat Secretary, Gram Panchayat Raj Akodhi, Block- Mohaniyan, Dist- Kaimur (Bhabhua).
8. The Mukhiya, Gram Panchayat Raj Akodhi, Block- Mohaniyan, Dist- Kaimur (Bhabhua).
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Shankar Choubey, Advocate For the Respondent/s :
Mr. Kameshwar Kumar-GP17 Mr. S.K. Ranjan, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
Petitioners have filed the present writ application for a
Patna High Court CWJC No.7642 of 2017(3) dt.28-02-2018 2/3 direction to the respondents to pay salary in compliance of the order passed by the District Teachers Appellate Authority, Kaimur at Bhabhua in Appeal No. 48 of 2015 dated 22.5.2015. On behalf of the respondent nos. 4 and 5, a counter affidavit has been filed in the present case wherein in para-7-8 there is statement that the respondents would make payment of salary to the petitioners within a period of one month after completing all the necessary formalities.
Para 7 and 8 of the counter affidavit reads as follows:- 7.'Deponent who has recently joined as District Programme Officer (Establishment) Kaimur, has also decided to pay the salaries of respective teachers in terms with earlier direction of District Magistrate as all the petitioners are rendering services in pursuant to direction of the Tribunal, still orders are in force and are being not unsettled by any court of law.
8. in view of the matter all these petitioners will be paid within a period of one month after completing all necessary formalities.'
In view of the undertaking in para-7-8 of the counter affidavit, the writ petition is disposed of that respondent District Programme Officer (Establishment),Kaimur at Bhabhua is
Patna High Court CWJC No.7642 of 2017(3) dt.28-02-2018 3/3 required to make payment of salary as per undertaking in the counter affidavit within time frame indicated in the counter affidavit itself With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U