Reena Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22256 of 2019 ====================================================== 1.

Reena Sinha D/o Yogendra Singh Resident of Village- Chandpura, P.O. and P.S.- Deoria, Dist- Muzaffarpur, Presently posted as Block Physical Teacher, Upgraded Middle School, Bahadurpur, Garual, Dist- Vaishali. 2.

Anita Kumari D/o Raghubansh Prasad Singh Resident of Village- Kataru, P.S.- Garaul, District- Vaishali, Presently posted as Block Physical Teacher, Upgraded Middle School, Laxmipur, Garaul, Dist- Vaishali. 3.

Anju Kumari D/o Raj Kishore Sharma R/o Village- Bhikhanpur Uttar Tola, P.S.- Muzaffarpur, Dist- Muzaffarpur Presently Block (Physical) Teacher and posted at Upgraded Middle School, Raja Khand, Garaul, Dist- Vaishali. 4.

Anal Kumar S/o Ram Briksh Sharma R/o Vill- Dharampur, Dakhili, P.O. and P.S.- Keshv Narainpur, Dist- Samastipur, Block (Physical) Teacher and Posted at Upgraded Middle School, Vishunpur Bejha, Garaul, Dist- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Pr. Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

The District Magistrate, Vaishali.

4.

The District Education Officer, Vaishali.

5.

The District Programme Officer, (Establishment), Vaishali. 6.

The Block Development Officer, Garaul, District- Vaishali. 7.

The Block Education Officer, Garaul, Dist- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Respondent/s :

Mr. Madanjeet Kumar (GP 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 23-01-2020 The petitioners have approached this Court for a direction to the concerned respondent to pay them the arrears of salary since April, 2012 till date as they are performing their duties as Block Trained Teachers

Patna High Court CWJC No.22256 of 2019 dt.23-01-2020 2/3 (physical) in view of the order dated 10.12.2016 passed in Appeal Case No. GRO-24/16 by the District Teachers Appellate Authority, Vaishali.

It has been submitted on behalf of the petitioners that the appellate authority has passed an order reinstating the petitioner in service and has also directed that their salaries for the period be paid. Despite this, the concerned respondent has not acted in the matter and the petitioners have not been paid the arrears of salary since April, 2012. A representation to the District Education Officer, Vaishali at Hajipur also has gone unheeded.

Hence the present writ petition.

The petitioners, under the aforesaid circumstances, are directed to make a fresh representation before the District Education Officer, Vaishali at Hajipur (respondent no. 4) annexing a copy of this order within a period of three weeks, who, on receipt of such representation shall verify the facts, ensure the entitlement of the petitioners and if such direction has been given by

Patna High Court CWJC No.22256 of 2019 dt.23-01-2020 3/3 the District Teachers Appellate Authority which has not been challenged before any other higher authority, shall pass a reasoned order in accordance with law within a further period of six weeks thereafter. In case, the claim of the petitioner is found to be tenable, necessary consequential order shall also be passed within the aforesaid period.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2020 Transmission Date