Khursheed Husnain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12470 of 2018 ====================================================== Khursheed Husnain Son of Abldul Rauf @ Abdul Rauf, Resident of VillageShaikhpur Dani, P.S.- Keoti, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Vikas Bhawan, New 3.

The Director Primary Education, Human Resources Development Department, Govt. of Bihar, Vikas Bhawa 4.

The District Magistrate, Darbhanga.

5.

The District Education Officer, Darbhanga.

6.

The District Programme Officer Establishment, Darbhanga. 7.

The Block Education Extension Officer, Keoti, Darbhanga. 8.

The Mukhiya-cum-Chairman Garm Panchayat Raj Shaikhpur Dani, BlockKeoti, District- Darbhanga. 9.

The Panchayat Secretary, Gram Panchayat Raj, Shaikhpur, Keoti, District Darbhanga.

10.

The Headmaster Govt. Primary School, Shaikpur Dani, Block- Keoti, District- Darbhanga.

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

For the Petitioner/s :

Mr.Umeshanand Pandit For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Grievance of the petitioner in the present writ application is non consideration of salary since September, 2013.

The issue in question requires factual enquiry as to the legality and validity of the appointment of the petitioner. The aforesaid factual enquiry can be done by the District Programme Officer (Establishment), Darbhanga and as such the writ petition

Patna High Court CWJC No.12470 of 2018(3) dt.08-08-2019 2/2 is disposed of with a direction to the District Programme Officer (Establishment), Darbhanga to verify the record to ascertain whether the petitioner was validly appointed or not and whether the petitioner has worked for the period he is claiming salary. On verification of record, if it is found that appointment of the petitioner is valid and he has worked for the period he is claiming salary, the respondent District Programme Officer (Establishment), Darbhanga shall pass appropriate order for payment of salary to the petitioner.

Necessary decision in this regard must be taken by the respondent District Programme Officer (Establishment), Darbhanga within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U