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Patna High CourtCWJC/19405/2019disposed

Mahendra Paswan v. The State Of Bihar

2019-09-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19405 of 2019 ====================================================== 1.

Mahendra Paswan, Son of late Mahabir Paswan, Resident of Village- Hansa, P.S. Karandey, District- Sheikhpura.

2.

Sarovar Kumar Singh, Son of Shiv Kumar Singh, Resident of VillageBengucha, P.S. Krandey, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Education Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Sheikhpura.

3.

The District Education Officer, Sheikhpura.

4.

The Block Education Officer, Block- Chewara, District- Sheikhpura. 5.

The Head Master, Middle School Lahna, P.S. Chewara, District- Sheikhpura. 6.

The Headmaster, Primary School Hansepur, P.S. Chewara, DistrictSheikhpura. 7.

The District Teacher Appointment Appellate Tribunal District Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Respondent/s :

Mr.Jitendra Kumar Roy1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-09-2019 Heard learned counsel for the petitioner and the respondents.

The grievance of the petitioner in the present writ application is non-payment of salary.

Learned counsel for the petitioner submits that the in terms of the order of the District Teacher Appellate Tribunal, Sheikhpura, the petitioner is continuing in service, yet he has not been paid salary since February, 2011.

The aforesaid issue requires factual enquiry.

Patna High Court CWJC No.19405 of 2019(2) dt.23-09-2019 2/2 Accordingly, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Sheikhpura to take appropriate decision with regard to the claim of the petitioner for payment of salary after verification of the record. The District Programme Officer (Establishment), Sheikhpura shall verify the legality and validity of the appointment of the petitioner and also to verify the actual period of working of the petitioner and on satisfaction as to the legality and validity of the appointment and actual working of the petitioner, the respondent District Programme Officer (Establishment), Sheikhpura shall pass appropriate order for payment of salary.

Necessary decision in this regard may be taken by the respondent District Programme Officer (Establishment), Sheikhpura at the earliest preferably within a period of 60 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) uday/- U