Pappi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22144 of 2019 ====================================================== 1.

Pappi Kumari, Daughter of Shri Rameshwar Singh, wife of Umesh Kumar, Resident of Village- Senduar, Police Station- Janta Bazar, District- Saran. Presently residing at Village- Bishunpura, Serukaha, Saran. At Present Posted and Working as Panchayat Teacher in Govt. Newly Created Primary School , Sadarganj, Harijan Tola, Anchal- Mashrakh, District- Saran. 2.

Randhir Kumar, Son of Shri Rajkishore Singh, Resident of VillageBishnupura, Police Station- Mashrakh, District- Saran, At Present Posted and Working as Panchayat Teacher in Primary School, Arna, AnchalMashrakh, District- Saran. 3.

Anuranjana Kumari, Daughter of Shri Jaleshwar Singh, resident of VillageNadua, Police Station- Bhagwanpur Hat, District- Siwan, At Present Posted and Working as Panchayat Teacher in Govt. Newly Created Primary School, Arna, North Harijan Tola, Anchal- Mashrakh, District- Saran. 4.

Santosh Kumar Singh, Son of Shri Rajkishore Singh, resident of VillageBishnupura, Police Station- Mashrakh, District- Saran at Chapra, At Present Posted and Working as Panchayat Teacher in Govt. Primary School, Korawan, Anchal- Mashrakh, District- Saran.

5.

Rubi Kumari, Daughter of Shri Arag Dev Pandey, Resident of VillageChoraua, Police Station- Baniyapur, District- Saran. At Present Posted and Working as Panchayat Teacher in Govt. Newly Created Primary School Barahimpur Kaiya Tola, Mashrakh, Anchal- Mashrakh, District- Saran. 6.

Madhuri Kumari, Daughter of Shri Surendra Singh, Resident of VillageBahuara, Police Station-Marhowrah, District- Saran, At Present Posted and Working as Panchayat Teacher in Govt. Newly Created Primary School, Brahipur Kaiya Tola, Mashrakh, Anchal- Mashrakh, District- Saran. ... ... Petitioners

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-Cum-Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Bihar, Patna. 4.

The District Magistrate, Saran at Chapra.

5.

The District Education Officer, Saran at Chapra. 6.

The District Programme Officer(Establishment), Education, Saran at Chapra.

7.

The Block Education Officer, Masrakh, Block- Masrakh, District- Saran at Chapra.

8.

The Panchayat Secretary, Gram Panchayat Raj Khajuri, Anchal- Masrakh, Saran at Chapra.

9.

The Panchayat Secretary, Gram Panchayat Raj Arna, Anchal- Masrakh, District- Saran at Chapra The Panchayat Secretary, Gram Panchayat Raj Nawada, Anchal- Masrakh, District- Saran at Chapra. ... ... Respondents

Patna High Court CWJC No.22144 of 2019(2) dt.08-01-2020 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (SC13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2020 Heard both sides.

The present writ application has been filed for directing the respondent authorities to make payment of arrears of salary as well as the current salary to the petitioners as Panchayat Teacher as they have been appointed as Panchayat Teacher in the month of February,2014 and September, 2014. The Panchayat Employment Unit has terminated the service of the petitioners, which was assailed by the petitioners before the District Teacher Employment Appellate Authority, Saran (Annexure-2) and the District Teacher Employment Appellate Authority, Saran has set aside the order of termination issued by the Panchayat Employment Unit, even then the petitioners are not being paid their salary.

On similar facts, this Court, in C.W.J.C.No.18755 of 2019, had directed the respondent no.6/District Programme Officer (Establishment) to ensure payment of salary to the petitioner for the period, the petitioner has worked or restrained from working on the basis of illegal order of termination, which was set aside by the District Teacher Employment Appellate

Patna High Court CWJC No.22144 of 2019(2) dt.08-01-2020 3/3 Authority and approved by the State Appellate Authority. Accordingly, respondent no.6/District Programme Officer (Establishment) Education, Saran at Chapra is directed to ensure payment of salary of the petitioners for the period, the petitioners have worked, within 45 days from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the writ petition stands disposed of.

(Prabhat Kumar Jha, J.) nawalkrs/- U