Uma Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.59 of 2018 ====================================================== Uma Singh, D/o Ashok Kumar Singh, W/o Dilip Kumar Singh , resident of Mohalla Village + P.O.- Gowasi, P.S.- K. Hat, District- Purnea. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. Director, Primary Education Government of Bihar, Patna.

3. The District Magistrate, Purnea.

4. The District Education Officer, Purnea.

5. The District Programme Officer, Purnea.

6. The Block Development Officer, K. Nagar Block, Purnea.

7. The Block Education Officer, K.Nagar Block, Purnea.

8. Mukhiya, Gram Panchayat Gowasi, K. Nagar Block, Purnea.

9. Panchayat Secretary, Gram Panchayat Gowasi, K. Nagar Block, Purnea.

10. The Head Master, Primary School, Muslim Tola, Sausa, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Respondent/s :

Mr. A.R.Pandey -AAP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-payment of salary. The issue of payment of salary depends on factual enquiry whether the appointment of the petitioner is legal and valid or not and whether the petitioner has worked for the period, the petitioner is claiming payment of salary. Both the factual enquiry is to be done by the respondent and since no decision was taken by the respondents, it would be appropriate that District Education Officer, Purnea respondent

Patna High Court CWJC No.59 of 2018(2) dt.23-02-2018 2/2 no.4 and District Programme Officer, Purnea respondent no.5 will look into the grievance of the petitioner and pass appropriate order with regard to claim of the petitioner and if it is found that the appointment of the petitioner is legal and valid and he has worked during the period, his salary order in this regard may be passed within a maximum period of three months from the date of receipt/production of a copy of this order. In case the petitioner is found entitled to payment of arrears and current salary, the respondents are under obligation to ensure payment of arrears as well as current salary within a further period of two months from the date of such decision. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U