Sheela Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25417 of 2019 ====================================================== Sheela Kumari, Wife of Sanjeev Kumar, Resident of Village- Sarebad, Police Station + Block- Sono, District- Jamui, presently posted as Panchayat Teacher in Primary School, Umantari, Block- Khaira, District- Jamui. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Education Officer, Jamui.

4.

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

The Block Education Officer, Khaira, District- Jamui. 6.

The Panchayat Secretary, Gram Panchayat Raj, Bhimain, Block- Khaira, District- Jamui.

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Respondent/s :

Mr.Madhaw Prasad Yadav (GP-23) Mr. Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and the respondents.

The present writ application involves the issue of payment of salary.

Learned counsel for the petitioner submits that the petitioner has not been paid salary from April, 2017 till date. Taking work and denying salary amounts to violation of Article 23 of the Constitution of India.

Considering the aforesaid, the writ application is disposed of with a direction to the District Programme Officer

Patna High Court CWJC No.25417 of 2019(2) dt.19-12-2019 2/2 (Establishment), Jamui to take appropriate decision with regard to the claim of the petitioner for payment of salary after verification of the record. The District Programme Officer (Establishment), Jamui shall verify the legality and validity of the appointment of the petitioner and also to verify the actual period of working of the petitioner and on satisfaction as to the legality and validity of the appointment and actual working of the petitioner, the respondent District Programme Officer (Establishment), Jamui shall pass appropriate order for payment of salary.

Necessary decision in this regard may be taken by the respondent District Programme Officer (Establishment), Jamui at the earliest preferably within a period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U