Neeta Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17283 of 2017 ====================================================== Neeta Kumari, Wife of Ajay Kumar Singh, Resident of Village-Koiladeva, Police Station-Fulwariya, District-Gopalganj ... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Education (Primary) Govt. of Bihar, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer, Phulwaria, Gopalganj.
5. The Block Education Officer, Phulwaria, Gopalganj.
6. The Panchayat Sachiv, Koildeva Gram Panchayat, Phulwaria Prakhand, Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Respondent/s :
Mr. Rakesh Narayan Singh, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner has filed the present writ application for a direction to the respondents to pay salary from March, 2017 till date.
Learned counsel for the petitioner submits that without any rational justification the salary of the petitioner was stopped.
The issue of payment of salary requires factual enquiry by the respondents, who are custodian of the relevant records and they have to examine the validity of the appointment of the
Patna High Court CWJC No.17283 of 2017(3) dt.28-02-2018 2/2 petitioner and also to verify the record to ascertain whether the petitioner has discharged her duty since March, 2017 or not. In case the appointment of the petitioner is valid and she has discharged her duty as Panchayat Shikshak, necessary order with regard to payment of salary must be passed by the respondents within a maximum period of 60 days and consequential benefits of payment of salary must reach to the petitioner within a further period of one month from the date of decision.
With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U