Mina Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16640 of 2017 =========================================================== Mina Kumari, Wife of Late Anil Kumar Chaudhary, Incharge Head Mistress, Middle School, Begampur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resource Department, Patna.

2. Director, Primary Education, Bihar, Patna.

3. District Magistrate, Begusarai.

4. District Programme Officer (Establishment), Education Department, Begusarai.

5. Block Education Officer, Khodabandpur Block, District- Begusarai.

6. Head Master, Middle School Meghaul (D.D.O. for Middle School Begampur), District- Begusarai.

7. Smt. Panch Mukhi Kumari, Teacher, Middle School, Begampur, P.S.- Khodabandpur, District- Begusarai.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Respondent/s : Smt. Binita Singh, SC-28 Mr. Nishant Kumar Jha, AC to SC-28 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 22-03-2018 Heard learned counsel for the petitioner and State. The instant writ application has been filed by the petitioner for quashing the order of transfer (Annexure-2) and also for a direction to the respondents to pay salary to the petitioner from June, 2016.

From the averments made in the writ application, it appears that when the petitioner was posted in the school on appointment, she raised many folds grievance including misbehaviour and threat perception in working in the school at Begampur. When the

Patna High Court CWJC No.16640 of 2017 dt.22-03-2018 2/3 officials of the State took cognizance of threat perception and the complaint of he petitioner as to misbehaviour in the school at Begampur, the petitioner was transferred to Girls Middle School Mahna (Barauni) vide order as contained in Annexure-2. Now the petitioner is raising the grievance against the order as contained in Annexure-2, which is reproduced for ready reference:

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Patna High Court CWJC No.16640 of 2017 dt.22-03-2018 3/3 In view of the background of posting of the petitioner vide Annexure-2, the Court does not find any infirmity in the order, as contained in Annexure-2.

The other grievance with regard to nonpayment of salary is concerned, liberty shall be available to the petitioner to file representation before the District Programme Officer, (Establishment) Begusarai along with a copy of this order within a period of one month from today and the District Programme Officer, (Establishment) Begusarai is required to enquire into the claim of the petitioner and if it is found that the petitioner has actually worked for the period, the petitioner is claiming salary, necessary order for payment of unpaid salary be passed by the respondent District Programme Officer, (Establishment) Begusarai within a period of sixty from the date of receipt of representation.

The respondent District Programme Officer, (Establishment) Begusarai is also required to ensure payment to the petitioner within the time frame indicated hereinabove. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.