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Patna High CourtCWJC/20169/2014disposed

Abdul Haque v. The State Of Bihar And ORS

2018-11-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20169 of 2014 ====================================================== Abdul Haque, son of Abdul Majeed, resident of Village- Bilashpur, P.O.- Purva, P.S.- Ramgarhwa and Dist West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, H.R. Department.

2. The Chairman, Bihar State Madarsa Education Board, Patna

3. The Secretary, Bihar State Madarsa Education Board, Patna

4. The Secretary, Madarsa Faizul Uloom at- P.O.- Sugauli and District East Champaran

5. Head Moulvi Madarasa Faizul Uloom at- P.O.- Sugauli and District East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Haider, Advocate For the State :

Mr. Harish Kumar, GP 8 For Madarsa Board :

Md. Rashid Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-11-2018 Learned counsel appearing for the petitioner submits that the respondents are required to make payment for the period the petitioner has actually worked.

It appears that certain order has been passed during the pendency of the writ application. Petitioner proposes to challenge the same by the petitioner in an appropriate proceeding.

Considering the fact that the present writ application is pending for the last four years and the only issue is to be examined by the respondents as to whether the petitioner was validly appointed and has actually worked so that they can

Patna High Court CWJC No.20169 of 2014(5) dt.26-11-2018 2/2 ensure payment of salary for the period the petitioner has actually worked, the writ petition is disposed of with a direction that if the petitioner has rendered service he is required to be paid for the said period. The other issue with regard to decision during the pendency of this case may be raised by the petitioner before the appropriate forum including the appellate forum, i.e. Special Secretary, Education Department, Govt. of Bihar, Patna in appropriate proceeding.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U