Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22005 of 2019 ====================================================== 1.

Irfan Alam s/o Late Hafiz Abdur Rahman, Assistant Teacher, Political Science (Social Science), Abeda High School (plus 2), Muzaffarpur, P.S.- Mithanpura, District-Muzaffarpur.

2.

Md. Farhan Kauser, S/o Md. Sabir, Assistant Teacher, English, Abeda High School (plus 2), Muzaffarpur, P.S.-Mithanpura, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 2.

The Director, Secondary Education, Bihar, Patna. 3.

The District Education Officer, Muzaffarpur.

4.

The District Programme Officer (Establishment), Muzaffarpur. 5.

The Managing Committee, Abeda High School (plus 2), Muzaffarpur through its Secretary.

6.

The Head Master, Abeda High School (plus 2), Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Respondent/s :

Smt. Shilpa Singh (GA12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2020 It appears from the counter affidavit that the Director, School Education has already issued direction to the District Education Officer, Muzaffarpur to ensure filing of the counter affidavit, but unfortunately no counter affidavit has been filed on behalf of the District Education Officer.

Learned counsel appearing on behalf of the petitioner submits that the petitioners were appointed after following the selection process against the sanctioned vacant post and their service was also approved by the competent authority in the

Patna High Court CWJC No.22005 of 2019(3) dt.25-02-2020 2/2 Education Department, but the petitioners have not been paid arrears of salary from 27.01.2010 to July 2014. He further submits that once the respondents approved the service of the petitioners, they are required to ensure payment of arrears of salary to the petitioner from the date they have recognized the service of the petitioner.

Considering the aforesaid, the present writ petition is disposed of with the direction to the respondent authorities to verify the record and if the service of the petitioners has been approved by the respondent authorities w.e.f. 2010, the respondents are under obligation to ensure payment of salary to the petitioner at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

The grievance as to arrears of revised pay scale is concerned, the respondents shall look into the grievance also and take appropriate corrective measures within the time-frame alloted to them.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U