Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23304 of 2019 ====================================================== 1.

Vinod Kumar, S/o Shri Ram Babu Ram @ Babu Ram Paswan, VillKalandra, P.O.- Injore, P.S.- Mehandia, District- Arwal. 2.

Ajay Kumar, S/o Shri Ramtapeshwar Singh, Vill- Ataulah, P.O.- Pariyari, P.S.- Khirimore, District- Patna.

3.

Ashok Kumar, S/o Shri Suresh Singh, Vill. and P.O.- Minjahara, Via- Goh, District- Aurangabad.

4.

Bijay Ram, S/o Nathun Ram, Vill.- Alhanpure Chauki, (Narayan Bigha) P.O.- Shakry Khurd, P.S.- Mehandia, District- Arwal. 5.

Birendra Ram, S/o Shri Butan Ram, Vill.- Bhagwanpur, P.O.- Masadpur, P.S.- Palasi, District- Arwal.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education Department, Govt of Bihar, Patna. 3.

The District Education Officer, Arwal.

4.

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

The Block Education Officer, Sonbhadra Banshi, Suryapur, Arwal, DistrictArwal. 6.

The Panchayat Secretary-cum Niyojan Unit, Sonbhadra, Gram Panchayat Banshi Suryapur Prakhand, District- Arwal.

7.

The Mukhia, Gram Panchayat Raj Sonbhadra Panchayat, Banshi Suryapur Prakhand, District- Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Mr. Subash Chandra Mishra (SC16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2020 Heard learned counsel for the parties.

Petitioners are aggrieved by non-payment of salary. Learned counsel for the petitioners submits that the petitioners have been validly appointed and they are regularly working. Therefore, the petitioner are entitled to payment of

Patna High Court CWJC No.23304 of 2019(5) dt.17-02-2020 2/2 salary.

If the appointment of the petitioners is legal and valid and petitioners have actually worked, there is no reason to deny salary, arrears, etc. However, the issue of scrutiny of certificate and all related documents is within the realm of the respondents and as such the Court grants liberty to the petitioners to file all the relevant documents in a folder before the Director, Primary Education within a fortnight from today and on receipt thereof, the Director is required to complete the scrutiny of all the relevant documents in relation to the appointment and the selection process within a period of 45 days. In the event of appointment of the petitioners is found to be legal and valid, the Director shall be under personal obligation to ensure payment of salary, arrears as well as current within a further period of 15 days.

With the aforesaid the present writ application is disposed of.

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