Sri Kant Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4851 of 2017 ====================================================== Sri Kant Kumar, Son of Sri Gaya Singh, Resident of Village- Nadi, P.S.- Karpi, District- Arwal.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna.

2.

The Secretary, Human Resources Department, Government of Bihar, Patna. 3.

The Director, Primary Education, Human Resources Department, Government of Bihar, Patna.

4.

The District Magistrate, District- Arwal.

5.

The District Education Officer, District- Arwal. 6.

The Block Education Officer, Block- Karpi, District- Arwal. 7.

8.

The Block Education Officer, Block- Karpi, District- Arwal. The District Programme Officer, District- Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Kameshwar Kumar -Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Learned counsel for the petitioner is permitted to implead the District Programme Officer (Establishment), Arwal as respondent no.8.

Heard learned counsel for the petitioner and the respondents.

The petitioner has filed the present writ application for a direction to the respondents for payment of due salary since January, 2016.

Learned counsel for the respondents submits that the petitioner is not working in the school, in question, as he has

Patna High Court CWJC No.4851 of 2017(6) dt.01-08-2019 2/2 obtained the appointment on the basis of forged certificate and once the F.I.R. was lodged against the petitioner, the petitioner is not attending the school, in question.

Without going into the factual matrix of the case, the writ application is disposed of with a direction to the petitioner to approach the District Programme Officer (Establishment), Arwal by filing representation and on filing such representation, the District Programme Officer (Establishment), Arwal shall cause an enquiry and verify the genuineness of the appointment of the petitioner and if it is found that the appointment of the petitioner is legal and valid and the petitioner has actually worked for the period he is claiming salary, the District Programme Officer (Establishment), Arwal shall ensure payment of salary within a maximum period of four months from the date of receipt/production of a copy of this order. In the event, the appointment of the petitioner is found to be illegal and invalid for any reason, the District Programme Officer (Establishment), Arwal shall have no obligation to make any direction for payment of salary.

(Anil Kumar Upadhyay, J) uday/- U