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Patna High CourtCWJC/19256/2019disposed

Mamta @ Mamta Devi v. The State Of Bihar

2019-09-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19256 of 2019 ====================================================== Mamta @ Mamta Devi Wife of Sanjay Yadav Resident of Village- Rampur Likatahi, P.S.- Lakshmipur, District- Deoria (U.P.), at present residing at Village- Kutiya,, P.O.- Chhitauna, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

2.

The District Education Officer, Gopalganj.

3.

The District Programme Officer (Establishment), Gopalganj. 4.

The Block Education Officer, Vijaipur, District- Gopalganj. 5.

The Headmaster, N.P.S., Sumerpur, Anchal- Vijaipur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Smt. Binita Singh ( Sc28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-09-2019 The grievance of the petitioner in the present writ application is denial of payment for the period April, 15 to June, 15 and July, 2015 and March 17 till date..

Payment of salary requires factual enquiry which is within the realm of District Programme Officer (Establishment), Gopalganj.

Considering the factual issued involved in the present case, the Court directs the District Programme Officer (Establishment), Gopalganj to verify the record to ascertain whether the appointment of the petitioner is legal and valid and whether the petitioner has worked for the period the petitioner is

Patna High Court CWJC No.19256 of 2019(2) dt.18-09-2019 2/2 claiming salary and if it is found that the appointment of the petitioner is legal and valid and petitioner has worked for the aforesaid period then the District Programme Officer (Establishment), Gopalganj shall ensure payment of salary for the period the petitioner has actually worked. Necessary decision in this regard may be taken 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