Mithilesh Kumar vs The State Of Bihar Through The ...
2022 Latest Caselaw 929 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2341 of 2021
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Mithilesh Kumar, S/o Umi Ram, Block Teacher, Middle School Sirwar, R/o Village Nakuch Garmraha, Post Maina Gram, Police Station Mahishi, District-Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2. The Regional Education Deputy Director, Koshi Division, Saharsa.

3. The District Magistrate, Saharsa.

4. The District Education Officer, Saharsa.

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

6. The Block Development Officer-cum-Block Selection Unit, Mahishi, Dist.

Saharsa.

7. The Block Education Officer, Mahishi, Dist. Saharsa.

8. The Head Master, Middle School, Sirwar, P.S. Mahishi, Dist. Saharsa.

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

For the Petitioner/s : Mr. Shambhu Sharan Kumar, Advocate Mr. Ajit Kumar, Advocate For the Respondent/s : Mr. Lalit Kishore (Ag) Mr. Ram Binay Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-02-2022 Heard Mr. Shambhu Sharan Kumar, learned

Advocate for the petitioner and Mr. Ram Binay Prasad

Singh for the State.

The petitioner, who is a Block Teacher is

aggrieved by the fact that despite his rendering services,

he has not been paid his salary since 28.09.2016. Patna High Court CWJC No.2341 of 2021 dt.03-02-2022

It appears from the records that the Deputy

Secretary of the Education Department has also written to

the District Education Officer, Saharsa that there is no

justifiable reason for withholding the salary of the

petitioner and therefore requested him to pass necessary

directions to the District Programme Officer, Saharsa for

immediate payment of salary to the petitioner. This

communication was made in the month of July, 2018.

Nothing happened thereafter and the learned

counsel for the State submits that if at all the petitioner is

aggrieved by any inaction of the respondents, he could

approach the District Teachers Appellate Authority for the

needful.

This Court does not appreciate the aforesaid

response of the State more so when nothing has been

brought on record to justify the stoppage of salary of the

petitioner.

It is thus, in the aforesaid circumstances, directed

that the petitioner shall bring to the notice of the District Patna High Court CWJC No.2341 of 2021 dt.03-02-2022

Education Officer (Establishment), Saharsa (respondent

no. 5) a copy of this order along with a representation

within a period of two weeks to resume the salary of the

petitioner as also to make payment of the arrears of salary

accrued up till now. Necessary orders shall be passed by

the concerned respondent ensuring the payment of salary

and the arrears to the petitioner within a further period of

six weeks, unless for a justifiable reason, the salary cannot

be paid to the petitioner, in which case, a reasoned order

shall be passed, failing which the respondent no. 5 shall

not draw his salary.

With the aforesaid direction/observation, the writ

petition is disposed of.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          04.02.2022
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