Lakshmi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17076 of 2025 ====================================================== 1.
Lakshmi Kumari W/o Indra Bhushan Singh, R/o Village- Parsama, Ward No- 07, P.O.- Parsama, P.S.- Supaul, District- Supaul, at Present posted as Panchayat Teacher at Government Primary School, Kalisthan Gehuawan, Block- Jalagadh, District- Purnia.
2.
Bibi Saqeba Khatoon, w/o Md. Abdul Karim, R/o Village and P.O.- Bochgaon, P.S.- Kasaba, District- Purnia, at Present posted as Panchayat Teacher at Government Primary School, Girda, Block- Jalalgadh, DistrictPurnia. 3.
Nikhat Parween, W/o Md. Alam Ansari, R/o Village- Jiyanganj, P.O.- Matkopa, P.S.- Kasaba, District- Purnia, at Present Posted as Block Teacher at Government Middle School, Dhangama, Block- Jalalgadh, DistrictPurnia. 4.
Ajeet Kumar Jha, S/o Pashupati Nath Jha, R/o Village- Sukhpur, Solhini, P.O.- Sukhpur Solhini, P.S.- Supaul, District- Purnia, at Present posted as Panchayat Teacher at Government Primary School, Dhuniya tol, Ekamba Block- Jalalgadh, District- Purnia.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Primary Education, Education Department, Government of Bihar, Patna.
4.
The District Magistrate, Purnia, District- Purnia. 5.
The District Education Officer, Purnia, District- Purnia. 6.
The District Programme Officer Establishment (Education), Purnia, DistrictPurnia. 7.
The Block Development Officer-Cum-Member Secretary Block Teacher Employment Unit, Jalalgadh, Block- Jalalgadh, District- Purnia. 8.
The Block Education Officer, Jalalgadh, Block- Jalalgadh, District- Purnia. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv For the Respondent/s :
Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-11-2025 Heard learned counsel appearing for the petitioners
2/4 and learned counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have prayed for the grant of following reliefs:
(i) For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/ Direction to the Respondents to make payment of arrears of salary of the petitioners which is due since March 2023, as-well-as current salary as the petitioners have been working continuously in the light of the interim order dated 17.05.2024 (Annexure P/15) passed by Hon'ble Apex Court, but the Respondent Authorities have with-hold the salary of the petitioners.
(ii) Pass such any other appropriate writ/order/ direction as your Lordships my deem fit and proper in the given facts and circumstances of the case.
4. Learned counsel for the petitioners submits that for the reliefs claimed for in the present writ application, the petitioners have separately filed representations (AnnexureP/22 Series) before the District Programme Officer Establishment (Education), Purnia, which are still pending.
3/4 Learned counsel for the petitioners further submits that he would be satisfied if an appropriate direction is issued by this Court to the District Programme Officer Establishment (Education), Purnia (respondent no. 6) to dispose of the representations of the petitioners on merit after giving an opportunity of hearing to the petitioners, within a fixed time frame by passing a reasoned and speaking order.
5. The aforesaid prayer being made by learned counsel for the petitioner is not opposed by the learned counsel appearing for the respondent-State.
6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of directing the District Programme Officer Establishment (Education), Purnia to dispose of the representations of the petitioners on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise must be completed by the District Programme Officer Establishment (Education), Purnea within a period of three months from the date of production of a copy of this order by the petitioners. It is made clear that in case, the respondent no. 6 i.e. the District Programme Officer Establishment (Education), Purnia comes to
4/4 the conclusion that payment is due to be made to the petitioners then the due payment should be positively made to the petitioners within a period of one month from the date of passing of the final order.
7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U