Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25829 of 2019 ====================================================== 1.

Pappu Kumar Son of Gore Lal Prasad Yadav Resident of Village-Jhikarua, P.O.-Hisua, Police Station-Narhat, District-Nawada. 2.

Atish Kumar Son of Lal Keshwar Prasad, Resident of Village-Lohani BIgha, P.O. Gonawa, Police Station-Nawada, District-Nawada. 3.

Jitendra KUmar Son of Ram Nandan Singh Resident of Village-Nandpur, P.O.-Sewtar, Police Station-Nardiganj, District-Nawada. 4.

Rabina Maurya Daughter of Anil Prasad, Resident of Village-Parto Karhari, P.O.-Chhotki Amma, POlice Station-Akbarpur, District-Nawada. 5.

Manoj KUmar Son of Sri Kailash Prasad Yadav Resident of Village-Ledaha, P.O. Lakhmohna, Police Station-Dhanarua, District-Patna. 6.

Dhananjay Kumar Son of Kanhai Singh Resident of Village and P.O. Bhakhari, Police Station-Dhanarua, District-Patna. 7.

Shambhoo Kumar Son of Prasadhi Yadav, Resident of Village-Charwara, P.O. Yamna Nagar Naudiha, Police Station-Aatri, District-gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Educatuion Department, Government of Bihar,Patna.

2.

Director, Primary Education, Bihar, Patna.

3.

District Magistrate, Nawada.

4.

District Education Officer, Nawada.

5.

District Programme Officer (Establishment), Nawada. 6.

Block Education Officer, Narhat, District-Nawada. 7.

Gram Panchayat, Punthar through Panchayat Secretary, Gram Panchayat, Punthar, Block Narhat, District-Nawada.

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Grievance of the petitioners in the present writ

Patna High Court CWJC No.25829 of 2019(3) dt.13-02-2020 2/2 application is payment of arrears of salary and current salary. No work is gratuitous. Beggari in any form is prohibited under the Constitution. Taking work, denying salary amounts to beggari.

Learned counsel for the petitioners submits that petitioners were validly appointed after following the process and they are regularly working but they are not getting salary. Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to examine the claim of the petitioners for payment of arrears and current salary and if it is found that the appointment is legal and valid and they have actually worked, the respondent shall ensure payment of salary and take appropriate decision within a period of sixty days from the date of receipt/production of a copy of this order. The consequential benefit must reach the petitioners within the time frame indicated hereinabove.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U