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Patna High CourtCWJC/17657/2017disposed

Rubiya Khatoon And ANR v. The State Of Bihar And ORS

2017-12-042 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17657 of 2017 ===========================================================

1. Rubiya Khatoon, Daughter of Md. Nizamuddin, Resident of Village- Bagaucha, Police Station- Maharajganj, District- Siwan. At present posted and working as a Panchayat Teacher in Govt. Primary Maktab Satjora, Block- Daraunda, District- Siwan.

2. Rukhsar Jahan, Daughter of Md. Afzal Hussain, Wife of Gulam Ahmad Rabbani, Resident of Mohalla- Mohan Bazar, Police Station- Maharajganj, District- Siwan. At present posted and working as a Panchayat Teacher in Govt. Primary Maktab Satjora, Block- Daraunda, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate, Siwan.

5. The District Education Officer, Siwan.

6. The District Programme Officer (Establishment), Siwan.

7. The Block Development Officer, Daraunda, District- Siwan.

8. The Block Education Officer, Daraunda, District- Siwan.

9. The Drawing Disbursing-cum-Block Education Officer, Daraunda, DistrictSiwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy No-1, SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 04-12-2017 Heard learned counsel for the petitioners and the State.

Counsel for the petitioner submits that the Principal Secretary, Education Department has already issued Annexures- 1 and 2 to all the District Programme Officers with regard to payment of salary in the light of order passed by the Bihar Human Right Commission dated 12.02.2015. He submits that this writ application

Patna High Court CWJC No.17657 of 2017 dt.04-12-2017 2/2 may be disposed of with a direction to the respondent District Programme Officer (Establishment), Siwan to take a final decision with regard to payment of salary of the petitioners in the light of Annexures-1 and 2.

In the facts and circumstances of the case, the respondent District Programme Officer (Establishment), Siwan is directed to take final decision with regard to payment of salary in the light of Annexures- 1 and 2 within a period of 60 days from the date of receipt/production of a copy of this order. It is made clear that this Court has not expressed any opinion on the claim of the petitioner for entitlement of salary. With the aforesaid observations and directions, this application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.12.2017 Transmission Date NA