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Patna High CourtCWJC/19727/2019disposed

Laxmina Kumari @ Kumari Laxmina Kumari v. The State Of Bihar

2019-09-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19727 of 2019 ====================================================== Laxmina Kumari @ Kumari Laxmina Kumari Daughter of Sri Hariwansh Bind Resident of Village- Uparauli, P.S.- Ramgardh Upari, District Kaimur at Bhabhua.

... ... Petitioner/s

Versus

1.

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

2.

The District Education Officer, Rohtas.

3.

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

The Block Education Officer, Kochas, District- Rohtas. 5.

The Headmaster, N.P.S., Tiwaripur, Anchal- Kochas, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr. Sunil Kumar (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-09-2019 The grievance of the petitioner in the present writ application is non payment of salary since December, 2016. Taking work and denying salary would amount to Beggari which is violative of Article 23 of the Constitution of India. However, payment of salary requires factual enquiry within the realm of District Programme Officer (Establishment), Rohtas.

Accordingly, the writ petition is disposed of with a direction to the respondent District Programme Officer (Establishment), Rohtas to cause an enquiry on the claim of the petitioner and on verification of record, if the District

Patna High Court CWJC No.19727 of 2019(2) dt.24-09-2019 2/2 Programme Officer (Establishment), Rohtas came to a conclusion that the appointment of the petitioner is legal and valid and he has actually worked for the period, he is claiming salary he will pass appropriate order for payment of salary at the earliest, preferably 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