Kaushilya Sinha vs The State Of Bihar
2023 Latest Caselaw 738 Patna

Citation : 2023 Latest Caselaw 738 Patna
Judgement Date : 10 February, 2023

Patna High Court

Kaushilya Sinha vs The State Of Bihar on 10 February, 2023

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1280 of 2023
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1. Kaushilya Sinha D/o Sri Ravindra Prasad, Resident of Village- Chandaura, P.O.- Meyar, P.S. and District- Nalanda, Presently working as Block Teacher in M.S. Mahmmadpur, Block- Ben, Nalanda.

2. Sharawan Rajak, Son of Sri Kedar Rajak, Resident of Village- Daudpur, P.O.- Maijra, P.S.- Ben, District- Nalanda, Presently working as Block Teacher in M.S. Chhakauri Bigha, Block- Ben, Nalanda.

3. Fool Kumari, Wife of Sri Umesh Ravidas, Resident of Village- Muzaffarpur, P.O., P.S. and District- Nalanda, Presently working as Block Teacher in M.S. Khaira, Block- Ben, Nalanda.

4. Kumari Manju Wife of Sri Vinod Kumar, Resident of Village- Kabirpur, P.O.- Lal Bigaha, P.S.- Shekhopur Sarai, District- Sheikhpura, Presently working as Panchayat Techer in P.S. Aat Khurd, Block- Ben, Nalanda.

5. Nilam Kumari, D/o Sri Ramjit Singh, Resident of Patel Nagar, Hilsa, P.O.

and P.S.- Hilsa, District- Nalanda, Presently working as Panchayat Teacher in P.S. Aat Khurd, Block Ben, Nalanda.

6. Babita Kumari, Wife of Sri Sita Ram, Resident of Village- Dariyasarai, P.O.-

Raitar, P.S.- Silao, District- Nalanda, Presently working as Block Teacher in M.S. Mobarakpur, Block- Ben, Nalanda.

7. Dhiraj Kumar Prasanna, Son of Sri Mithilesh Kumar, Resident of Village-

Dariapur Saur, P.S.- Warsaliganj, District- Nawada, Presently working as Block Teacher in M.S. Mahuri, Block- Silao, Nalanda.

8. Suchitra Kumari, D/o Late Hriday Singh, Wife of Sri Sidheshwar Prasad, Resident of Near Mausam Hospital, Nalanda More, Nalanda, P.O., P.S. and District- Nalanda, Presently working as Panchayat Teacher in Dharmpura, P.S. Dharmpura, Block- Silao, Nalanda.

... ... Petitioner/s Versus

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

2. The District Education Officer, Nalanda.

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

4. The Block Development Officer, Ben, P.O. and P.S.- Ben, District- Nalanda.

5. The Block Development Officer, Silao, P.O. and P.S.- Silao, District-

Nalanda.

6. The Block Education Officer, Ben, P.O. and P.S.- Ben, District- Nalanda.

7. The Block Education Officer, Silao, P.O. and P.S.- Silao, District- Nalanda.

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

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate For the Respondent/s : Mr. Kameshwar Kumar, GP-17 Patna High Court CWJC No.1280 of 2023 dt.10-02-2023

Mr. S.K. Ranjan, AC to GP-17 ====================================================== 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 Patna High Court CWJC No.1280 of 2023 dt.10-02-2023

Rules of 2020 which provides as under:

"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."