Dilmohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.330 of 2024 ====================================================== Dilmohan Kumar son of Budhan Ram, Resident of Village and P.O.-Kurmuri, Police Station-Sikrahata, District-Bhojpur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bhojpur at Ara.

3.

The District Programme Officer (Shaksharta), Bhojpur at Ara. 4.

The District Education Officer, Bhojpur at Ara. 5.

The Block Education Officer, Tarari Block, District-Bhojpur. 6.

The Headmaster Utkramit Girls Middle School, Kurmuri, Tarari, DistrictBhojpur. 7.

The Headmaster Primary School, Baghra Tola, Tarari, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Kumar Mishra For the Respondent/s :

Mr. Standing Counsel 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 29-03-2024 Heard learned counsel for the petitioner and learned counsel for the respondents-State.

2. This writ petition has been filed for the following reliefs:

(A) For issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to make payment of salary of the petitioner for discharge his duty on the post of Shiksha Sevak since May, 2021 to till now for discharge his duty on the post of Tola Sevak/Shiksha Sevak.

Patna High Court CWJC No.330 of 2024 dt.29-03-2024 2/3 (B) For issuance of a direction, order or writ to the respondent authorities to make payment of statutory interest on the admitted dues of the petitioner.

(C) Any order relief/reliefs that the petitioner may found to be entitled to in the facts and circumstances of the present case.

3. A counter affidavit has been filed on behalf of the respondent nos. 3 and 4 in which it is stated that the arrears of salary has already been paid to the petitioner.

4. Learned counsel for the petitioner submits that the salary has not been paid to the petitioner from May, 2021 to May, 2022.

5. In such view of the matter, petitioner is directed to file a fresh detailed representation before the District Education Officer, Bhojpur at Ara (respondent no.4) along with all supporting judgments and documents within a period of two weeks and the respondent no.4 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

6. Needless to state that respondent no.4 shall be solely liable for non-compliance of this order within the

Patna High Court CWJC No.330 of 2024 dt.29-03-2024 3/3 stipulated period.

7. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner.

8. With the aforesaid observation and direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2024 Transmission Date NA