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Patna High CourtCWJC/20222/2019disposed

Sharda Kumari @ Sharada Kumari v. The State Of Bihar

2019-10-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20222 of 2019 ====================================================== Sharda Kumari @ Sharada Kumari Wife of Sri Shailesh Kumar, Resident of Shanti Nagar, Lalganj Chandi, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The District Education Officer, Nalanda.

3.

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

The Block Education Officer, Tharthari, District- Nalanda. 5.

The Headmaster, N.P.S., Bhatu Bigha, Anchal- Tharthari, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner is non payment of salary for the period of July, 2012 to till date. Learned counsel appearing on behalf of petitioner submits that petitioner have worked as Panchayat Teacher but petitioner has not been paid salary for aforesaid period. The issue requires factual enquiry. Taking work and denying salary is not 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

Patna High Court CWJC No.20222 of 2019(2) dt.01-10-2019 2/2 as to actual working. This factual enquiry is within the domain of the District Programme Officer (Establishment), Nalanda. Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Nalanda 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 copy of this order.

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

(Anil Kumar Upadhyay, J) mdrashid/- U