Jyoti Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20442 of 2019 ====================================================== Jyoti Kumar, Son of Late Gopal Prasad, Resident of Mohalla-Jariyo Jamo Line Ki Gali, P.S. Khajekala, Patna City, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Special Director (Secondary Education), Government of Bihar, Patna. 4.

The District Programme Officer (Establishment), District-Patna. 5.

The District Education Officer, Patna.

6.

The Chairman, Bihar Sanskrit Siksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Siksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Kant Pandey, Advocate For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-15 For the Board :

Mr. S.S. Sundaram, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and the counsel for the State and counsel appearing on behalf of the Board.

The grievance of the petitioner is non-payment of difference of salary for the period from 01.04.1980 to 31.03.1999.

Learned counsel appearing on behalf of the petitioner submits that petitioner has worked as Clerk in Ram Nath Balika Sanskrit High School Komasikoh, Patna City. The issue requires factual enquiry. Taking work and denying salary is not

Patna High Court CWJC No.20442 of 2019(2) dt.15-10-2019 2/2 permissible as it would amount to beggary. However, the issue of payment of salary requires scrutiny of facts, firstly the enquiry as to the validity of the appointment, secondly, the issue as to actual working. This factual enquiry is within the domain of the District Programme Officer ( Establishment), Patna. Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer ( Establishment), Patna to verify the record to ascertain the validity of the appointment of the petitioner and decide the claim of the petitioner for payment of salary within a period of 60 days from the date of receipt/ production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U