Smt. Madhuri Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23351 of 2013 =========================================================== Smt. Madhuri Kumari, Wife of Sri Suresh Kumar Bind, Block Teacher Upgraded Middle School, Baljora, Resident of Village Mohanpur, P.O. Matia, P.S. Laxmipur, District Jamui .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Education Secretary, Department of Human Resources, New Secretariat, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate, Jamui

5. The District Superintendent of Education Cum District Education Officer, Jamui

6. The Block Education Officer, Laxmipur, Jamui

7. The Head Master, Upgraded Middle School, Baljora, District Jamui

8. The District Programme Officer (Establishment), Jamui. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Subroteswar De, Advocate For the Respondent/s : Mr. Shashi Bhushan Kr. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 02-08-2018 Learned counsel for the petitioner is permitted to implead the District Programme Officer (Establishment), Jamui as party respondent no.8, during the course of the day.

2. Heard learned counsel for the petitioner and State.

3. The instant writ application has been filed by the petitioner for payment of salary.

4. The issue of payment of salary depends on validity of the appointment and after verification of the record to ascertain whether the petitioner has actually worked for the period she is

Patna High Court CWJC No.23351 of 2013 dt.02-08-2018 2/2 claiming salary.

5. In view of the above, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Jamui to enquiry into the matter and if it is found that the appointment of the petitioner is legal and valid and the petitioner has actually worked for the period she is claiming salary, the District Programme Officer (Establishment), Jamui shall ensure payment of salary to the petitioner for the period she has actually worked.

6. Final decision in this regard must be taken by the respondent District Programme Officer (Establishment), Jamui 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 Date02.08.2018 Transmission Date