Ram Bharos Prasad Singh, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23350 of 2019 ============================================== Ram Bharos Prasad Singh, aged about 39 years, male, S/O - Ram Bilash Ray, R/O- Village- Dayalpur, P.S.- Rajapakar, District- Vaishali, Bihar, presently posted as Block/Panchayat Teacher, Upgraded Middle School Gauspur, Block- Rajapakar, District Vaishali. ... ... Petitioner
Versus
1.
The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Director, Primary Education, Education Department, Govt. of 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, Rajapakar Block, District- Vaishali. 7.
The Block Education Officer, Rajapakar Block, District- Vaishali. 8.
The Panchayat Sachiv, Gram Panchayat Raj, Bishunpur Balbhadra @ Gauspur, Block- Rajapakar, District- Vaishali. 9.
The Mukhiya, Gram Panchayat Raj, Bishunpur Balbhadra @ Gauspur, Block- Rajapakar, District- Vaishali.
... ... Respondents ============================================== Appearance :
For the Petitioner :
Mr.Vasant Vikas, Advocate For the Respondents :
Mr.Ashutosh Ranjan Pandey, AAG15 ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-11-2019 Heard the learned counsel for the petitioner and the respondents.
The petitioner has approached this Court for a direction to the concerned authority for making payment of arrears of salary since December 2010 till date as he has
Patna High Court CWJC No.23350 of 2019 dt.26-11-2019 2/3 been performing his duty as Panchayat Teacher since then. It appears that the petitioner, pursuant to an advertisement issued by the Panchayat Employment Unit, had applied and on being declared successful, he was offered appointment letter in the year 2010. But for some reason, his appointment was terminated in the year 2012. This led to the filing of CWJC No. 20422 of 2012 and this Court relegated the case of the petitioner and others before the District Teacher Appellate Authority.
The termination order of the petitioner was not found to be justified. The concerned District Magistrate was thus directed for the reinstatement of the petitioner vide letter dated 02.07.2018 and ever since then, petitioner has been working on the post of Panchayat Teacher. But despite several representations having been filed, specially before the Block Development Officer and the District Programme Officer, the petitioner has been left high and dry for all these years.
This Court, therefore, directs that in the event of the petitioner filing a representation before the District
Patna High Court CWJC No.23350 of 2019 dt.26-11-2019 3/3 Programme Officer (Establishment), Vaishali (respondent no.
5) along with a copy of this order within a period of four weeks, the respondent No. 5 shall dispose off such representation by taking a positive decision at the earliest within a further period of six weeks thereafter. In case the claim of the petitioner is found to be tenable, necessary order directing for payment of arrears of salary from December, 2010 till date shall also be passed forthwith.
The writ petition stands disposed off with the aforesaid observation/direction.
(Ashutosh Kumar, J) BT/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 10.12.2019 Transmission Date N.A.