Urmila Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11921 of 2018 ====================================================== Urmila Kumari, W/o Raj Kumar Mahto, R/o Village- Bibipur, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

2. The Regional Deputy Director of Education, Saran Division at Chapra.

3. The District Education Officer, Saran at Chapra.

4. The District Programme Officer (Establishment), Saran at Chapra.

5. The Block Education Officer, Garkha, District- Saran at Chapra.

6. Vidyarthi Krishna Prasad, S/o not known, Incharge Headmaster Primary School, Bibipur, P.S.- Garkha, District- Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manindra Kishore Singh For the Respondent/s : Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-10-2018 The limited prayer of the writ petitioner in the present case is to direct the In-Charge Headmaster, Primary School, Bibipur, P.S. Garkha, District-Saran to accept the joining of the petitioner in compliance of the direction of the District Programme Officer (Establishment), Saran at Chapra vide letter dated 26.04.2018 as well as in accordance with the direction issued by the Block Education Officer, Saran.

The learned counsel for the respondents has filed a counter affidavit and has submitted that on account of misconduct by the respondent no.6, his salary has been stopped and all his

Patna High Court CWJC No.11921 of 2018 (4) dt.31-10-2018 2/2 powers has been seized, hence, there is impediment in accepting the joining of the petitioner herein by the respondent no.6. Having considered the rival submissions of the parties, this Court is of the view that the petitioner cannot be left high and dry without being posted at any place, hence the respondent no.2 i.e. the Regional Deputy Director of Education, Saran Division at Chapra is directed to ensure that the petitioner joins at the appropriate place within a period of six weeks from today. At this juncture, the learned counsel for the petitioner states that in the meantime, the salary of the petitioner be released. The learned counsel for the respondent submits that the salary of the petitioner has already been sent for payment. That being the position, there is no impediment in payment of salary, hence salary is directed to be paid to the petitioner within a period of two weeks from today. The writ petition is disposed off on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U