Md. Firoz Alam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12601 of 2015 ======================================================

1. Md. Firoz Alam Son of Late Md. Shahid, Resident of villageKarath, P.S.- Tarari, District- Bhojpur

2. Md. Munsif, son of Md. Siddiq, Resident of Mohalla- Khankah, Mutibia, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

2. The Director, Secondary Education, Govt. of Bihar, Patna

3. The District Education officer, Nalanda, Bihar

4. The Secretary, G.M.K. High School, Islampur, Nalanda

5. The Headmaster, G.M.K. High School, Islampur, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate For the Respondent/s :

Mr. Jay Prakash Sharma, AC to G.P.-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

Petitioners have filed present application for a direction to the respondents to ensure payment of arrears and current salary.

On behalf of the respondent counter affidavit filed in which paragraph-7 the following stand has been taken which is quoted below for ready reference:- " That without going into the merit of the claim of the petitioners, it is humbly stated that it has been intimated by the Head Master of the

Patna High Court CWJC No.12601 of 2015(2) dt.28-11-2018 2/2 concerned school vide letter no. GMK 50/17 dated 21.09.2017 that the petitioners are getting their current salary from December, 2016, and arrears thereof shall be paid to them after receipt of allotment."

From perusal of paragraph-7 of the counter affidavit, it appears that the payment of arrears has been ordered shall be made on receipt of allotment. Current salary has started from December 2016. In view of the above respondents are directed to ensure payment of arrears of salary within a maximum period of four months from the date of receipt / production of a copy of this order. Failing which the entire arrears will carry interest at the rate of 9 per cent per annum from the date of filing of writ petition i.e. 13.8.2015 till the date of disposal. With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U