Rina Kumari @ Reena Kumari vs The State Of Bihar
2023 Latest Caselaw 737 Patna

Citation : 2023 Latest Caselaw 737 Patna
Judgement Date : 10 February, 2023

Patna High Court

Rina Kumari @ Reena Kumari vs The State Of Bihar on 10 February, 2023

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1466 of 2023
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1. Rina Kumari @ Reena Kumari W/o Amit Kumar, R/o Village- Bela, P.O.-

Gobindpur, P.S.- Gobindpur, District- Nawada.

2. Juli Kumari, D/o Janardan Prasad, R/o Village- Mohsimpur, P.O.- Panhesa, P.S.- Sekhopur Sarai, District- Shekhpura.

3. Rajni Kumari, D/o Ajay Sharma, R/o Village- Murarpur, P.O.- Kapsiyawan, P.S.- Hilsa, District- Nalanda.

4. Nitu Kumari @ Neetu Kumari W/o Sunil Kumar, R/o Village- Noor Nagar, P.O.- Bhojpur, P.S.- Harnaut, District- Nalanda.

5. Ramesh Kumar Sharma, S/o Indradeo Sharma, R/o Village- Belai, P.O.-

Golakpur, P.S.- Golakpur Dehurai, District- Jehanabad.

6. Anita Kumari, W/o Awdhesh Prasad, R/o Village- Gosai Bigha, P.O.- Barara, P.S.- Noorsarai, District- Nalanda.

7. Kumari Awantika Sinha, D/o Gopendra Kumar, W/o Ganesh Prasad, R/o Village- Ramchandrapur, P.O.- Biharsarif, P.S.- Laheri, District- Nalanda.

8. Sanjay Kumar Deepak, S/o Shiv Balak Prasad, R/o Village- Barchhi Bigha, P.O. and P.S.- Giriyak, District- Nalanda.

9. Mini Kumari, W/o Sudhir Prasad Singh, R/o Village- Bisunpur Chand, P.O.-

Jahangirpur Shan, P.S.- Desri, District- Vaishali.

10. Rani Kusum Kumari, W/o Suranjan Sharma, R/o Mohalla- Mir Gulabi Ki Bagh, P.O. and P.S.- Sampat Chak, District- Patna.

11. Aparna Kumari, W/o Surendra Prakash, R/o Village- Kalayanpur Bali, P.O.-

Jagatpur, P.S.- Chandi, District- Nalanda.

12. Bhim Sen Kumar, S/o- Karan Prasad, R/o Village- Milkipar, P.O.-

Ekangarsarai, P.S.- Ekangarsari, District- Nalanda.

... ... Petitioner/s Versus

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

2. The Director (Primary Education), Education Department, Government of Bihar, Patna.

3. The District Education Officer, Nalanda.

4. The District Programme Officer (Establishment), Nalanda.

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

For the Petitioner/s : Mr. Ambrish Kumar Jha, Advocate Mr. Shashi Priya Pathak, Advocate Mr. Anshuman Shreya, Advocate For the Respondent/s : Mr. Jitendra Kr. Roy 1, SC-1 ====================================================== Patna High Court CWJC No.1466 of 2023 dt.10-02-2023

CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 10-02-2023

Heard the parties.

2. The petitioners pray that their salary be released.

3. Keeping in view the observations made by this Court in C.W.J.C No. 22186 of 2019 (Pallavi Kumari Vs. State of Bihar & Ors.) and analogous cases dated 29.11.2022 has held as under:-

"8. Keeping in view above, it is directed that the salary of the teachers shall not be withheld on excuses as above and arrears of salary shall also be released. Fund in this regard shall be made available by the Education Department to the concerned employment units for the purpose of payment. It is made clear that if the arrears are not released within a stipulated period of four months from today, the teachers would be entitled to receive interest on the arrears of the amount of salary at the rate of nine per cent. The interest amount shall be recoverable from the respective District Education Officers/ District Programme Establishment Officer.

9. If the salary/arrears of salary are not released, the concerned teacher would also be entitled to file an appeal before the respective District Appellate Authority. If such an appeal is preferred, the same shall be decided expeditiously within a period of three months. If required, the District Appellate Authority/State Appellate Authority would be also empowered to impose penalty in terms of Rule 16 of the Rules of 2020 which provides as under: Patna High Court CWJC No.1466 of 2023 dt.10-02-2023

"16. Power to impose Punishment:-

In case of non-compliance of the order/direction or in case of any complaints by the party for compliance of the order:-

(i) The Appellate Authority shall impose punishment against-concerned party but he will be given adequate opportunity of hearing before imposing punishment.

(ii) The Appellate Authority may impose penalty upto Rs. 50,0001/- (Fifty thousand only) upon the answerable party. The amount of penalty shall be deposited in the Treasury under the head indicated by the Department. The amount of penalty shall be recoverable by way of Public demand.

(iii) The Appellate Authority shall have jurisdiction to make recommendation to the concerned Department to initiate Departmental proceeding or to take necessary action against the delinquent employee under the provisions of Bihar Service Code/Bihar Panchayat Raj Act 2006/Bihar Municipal Act 2007 and other relevant provisions."