Md Hassan Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15741 of 2024 ====================================================== 1.
Md Hassan Anwar son of Md. Murtaza Hasan Resident of village- Minnat Nagar, P.O- Bhadauni Nawada, P.S.-Gondapur, District-Nawada, Bihar. 2.
Md. Faisal Anwar, son of Md. Murtaza Hassan, Resident of village- Sakunt Khurd, P.S.- Bihar Sharif, District- Nalanda. 3.
Md. Azhar Khan, son of Md. Mushtaque Khan, Resident of village- Nawab Toli, Sikandra, P.S.-Sikandra, District- Jamui. 4.
Md. Sarik Khan, son of Md. Sahab Khan, Resident of village and P.S.- Sikandra, District- Jamui.
5.
Md. Usman Anwar, son of Md. Murtaza Hasan, Resident of MohallaMinnat Nagar (Bhadauni), P.S.-Gondpur, District- Nawada. 6.
Md. Afzal Husain, son of Saiyad Alam, Resident of village- Dhiwari, P.O.- Moulana Chak, Sakri, P.S.- Laranpur, Distirct- Nalanda. 7.
Managing Committee of Madarsa Islamia Sadia Balkhia, at Sikandra, District- Jamui through its Secretary Md. Sajid Khan aged 28 years, son of Md. Mushtaque Khan, At and P.O- Sikandra, P.S.- Sikandra, District-Jamui. ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Bihar State Madarsa Education Board, Patna, at 5, Vidyapati Marg, P.S. Kotwali, District-Patna.
3.
The Chairman, Bihar State Madarsa Education Board, Patna, at 5, Vidyapati Marg, P.S. Kotwali, District-Patna.
4.
The Secretary, Bihar State Madarsa Education Board, Patna, at 5, Vidyapati Marg, P.S. Kotwali, District-Patna.
5.
The District Education Officer, Jamui.
6.
The District Programme Officer (Establishment), Jamui. 7.
The Block Education Officer, District-Jamui.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Obaidur Rahman, Advocate For the Respondent/s :
Mr.Government Advocate (8) For the Madarsa Board Mr. S.Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners and the respondents.
Patna High Court CWJC No.15741 of 2024(2) dt.21-10-2024 2/2
2. This writ petition is has been filed for a direction to the respondents no. 5 and 6 to make payment of salary to the petitioners no. 1 to 6 from the date of their appointment/joining, duly appointed by the Managing Committee of Madarsa Islamia Sadia Balkhia at Sikandra, District Jamui on the sanctioned and vacant post of assistant teacher.
3. At the outset, learned counsel for the petitioner submits that respondent no.5 is the competent authority to make payment of salary to the petitioners.
4. In view of nature of prayer made by learned counsel for the petitioners, let these petitioners file an application before the respondent no.5 within a period of four weeks from today.
5. In the event, such application is filed by the petitioners within the said stipulated period, it is expected that the respondent no. 5 shall examine the claim of these petitioners and pass a reasoned and speaking order ensuring payment of salary to them in accordance with law after hearing the parties including respondent no.7, within a period of three months from the date of receipt of the application.
6. Writ petition stands disposed of with the aforesaid direction.
(Prabhat Kumar Singh, J) Shashi U