Patna High Court
Sita Devi vs The State Of Bihar on 24 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7347 of 2020
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1. Sita Devi wife of Shri Bhupendra Kumar Singh resident of Village- Pinarthu
Khurd, Sonbarsa, Post- Sonbarsa, P.S.- Sonbarsa, District- Siwan, Pin-
841241
2. Sangita Kumari wife of Shri Rajesh Singh resident of Uttar Tola, Itwa, P.O.-
Itwa, District- Siwan, Pin- 841241
3. Ranjana Kumari wife of Shri Ripu Kumar Dixit resident of Koreya Dixit,
P.O.- Jagtaul, Koreya, District- Gopalganj, Pin- 841426
4. Nagma Shaheen daughter of Shri Shamshad Ali resident of Village- Tarwara,
P.O.- Tarwara, District- Siwan, Pin- 841506
5. Parween Zafri wife of Shi Javed Ahmad resident of House No. 53 KH,
Village- Pipra, P.O.- Pipra, District- Gopalganj, Pin- 841427
6. Babuddin Ali son of Shri Mokhtar Ali resident of Village- Saraiya, Post-
Saraiya, District- Siwan, Pin- 841506
7. Ghulam Husain son of Shri Sageer Ahmad resident of Barasara, Barharia,
P.O.- Barharia, District- Siwan, Pin- 841232
8. Jitendra Kumar Manjhi son of Shri Sivbalak Manjhi resident of 70, Tilsandi,
Braharia, P.O.- Barharia, District- Siwan, Pin- 841232
9. Pramod Paswan son of Shri Baijnath Paswan resident of Ukhai Purab Patti,
P.O.- Ukhai, District- Siwan, Pin- 841227
10. Dharmendra Kumar Bhakta resident of Shri Jagdish Bhakta, resident of
Village- Dihiya, Pipra Naryan, Post- Dindayalpur, District- Siwan, Pin-
841506
11. Sarita Singh wife of Shri Vinay Kumar Prasad resident of Kothuasarangpur,
P.O.- Kothuasarangpur, District- Siwan, Pin- 841238
12. Gudiya Kumari wife of Shri Kumar Manikant resident of Village- New
Bhupatipur, South Bhupatipur, Post- Sheikhpura, District- Patna, Pin-
800020
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna
2. Director, Primary Education, Bihar, Patna
3. District Education Officer, Siwan
4. District Programme Officer, Establishment, Siwan
5. Block Development Officer-cum- Secretary, Block Teachers Employment
Unit, Pachrukhi, District- Siwan
6. Block Education Officer, Pachrukhi, District- Siwan
7. Block Teachers Employment Unit, Pachrukhi, District- Siwan through its
Secretary
Patna High Court CWJC No.7347 of 2020 dt.24-06-2021
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Advocate
For the Respondent/s : Mr.Lalit Kishore (AG)
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date : 24-06-2021
The matter has been heard via video
conferencing.
2. Heard learned counsel for the petitioners and
learned counsel appearing on behalf of the State.
3. Mr. Abhinav Srivastava, learned counsel
appearing on behalf of the petitioners would submits
that taking work and denying salary amounts to begari
which is prohibited under Article 23 of the Constitution
of India. He submits that petitioners have been validly
appointed and they are regularly discharging their duties.
As such, it is not proper on the part of the respondents
not to make payment of salary on the one or other
pretext including validity of appointment.
4. Taking work and denying payment is
definitely begari and is not permissible under Article 23
Patna High Court CWJC No.7347 of 2020 dt.24-06-2021
of the Constitution of India, prohibiting begari.
5. Since the contention of the petitioners that
they have been validly appointed and are regularly
discharging their duties, the respondents are to take
appropriate decision with regard to the payment of
salary. In the event the respondents are taking work and
the petitioners are discharging their duties, the
respondents have to fix the accountability on those who
are allowing the petitioners to continue, but that is not a
ground to deny payment of salary to the petitioners.
6. Accordingly, the respondents are directed to
ensure payment of salary for the period the petitioners
have worked.
7. So far as the issue of legality and validity of
appointment is concerned, the respondents are directed
to adjudicate the matter and pass appropriate orders
after providing opportunity of hearing to the petitioners
after payment of salary for the period petitioners have
worked within a period of 60 days from the date of
Patna High Court CWJC No.7347 of 2020 dt.24-06-2021
receipt/production of a copy of this order.
8. With the aforesaid observation/direction, the
writ petition stands disposed off.
(Anil Kumar Upadhyay, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30/06/2021
Transmission Date N/A
