Navin Kumar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25395 of 2013 =========================================================== Navin Kumar Paswan, Son of Shri Munilal Paswan, Resident of Village- Khudana, P.S. Rauara, District- Katihar at Present working as teacher in New Primary School, Satyanarain Tola, Bishanpur, Baharkhal-Panchayat Block- Kodha, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary to Govt. of Bihar, Department of Human Development Resources, Bihar, Patna

3. The Director of Primary Education, Bihar, Patna

4. The Collector of District Katihar

5. The Regional Deputy Director of Education, Purnea

6. The District Education Officer, Katihar

7. The District Programme Officer (Establishment), Katihar

8. The Block Development Officer, Kodha, Dist- Katihar

9. The Block Education Extension Officer, Kodha, District- Katihar

10. The Headmaster of New Primary School, Satyanarain Tola, Bishanpur, DisttKatihar

11. The Panchayat Secretary, Panchayat Raj Baharkhal, P.S.- Kodha, DistrictKatihar

12. The Mukhiya of Panchayat Raj, Baharkhal, P.S.- Kodha, District- Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Baidyanath Prasad, Advocate For the Respondent/s : Mr. S.RAZA AHMAD =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 07-08-2018 Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by non-payment of salary.

3. Learned counsel for the petitioner submits that although the petitioner was appointed in 2009, but he was not paid salary up to March, 2010 and thereafter he was paid salary from April 2010 to February, 2012, although the petitioner is regularly working,

Patna High Court CWJC No.25395 of 2013 dt.07-08-2018 2/2 but he has not been paid salary.

4. The issue of payment of salary depends on the verification of the fact whether the appointment of the petitioner is legal and valid and whether the petitioner has actually worked for period he is claiming salary.

5. In the aforesaid circumstance, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Katihar to verify the record and to ascertain whether the petitioner's appointment is legal and valid and whether the petitioner has actually worked for the period he is claiming salary and if it is found that the petitioner's appointment is legal and valid and he has actually worked for the period he is claiming salary, then the respondent District Programme Officer (Establishment), Katihar is required to ensure payment of salary within a period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2018 Transmission Date