Bambam Kumar vs The State Of Bihar And Ors
2023 Latest Caselaw 818 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6895 of 2015
     ======================================================

Bambam Kumar son of Srikant Singh, resident of village + P.O.- Kaiyar, Block- Islam Nagar- Aliganj, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s Versus

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

2. The Director, Primary Education, Bihar, Patna.

3. The District Education Officer, Jamui.

4. The Block Development Officer, Islam Nagar- Aliganj, District-cum-

Member Secretary, Prakhand Teachers Employment Unit, Islam Nagar- Aliganj, Jamui.

5. The Block Education Officer, Islam Nagar- Aliganj, District- Jamui.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 17-02-2023

Heard the parties.

2. The petitioner, by way of this writ petition, assailed

the order dated 09.04.2015 (Annexure-7), whereby his services

were sought to be terminated.

3. An affidavit has been filed on behalf of the

respondents stating therein that the Bihar State Elementary

Teachers (Employment and Service Condition) (Amended)

Rules, 2015 (hereinafter referred to as "the Rules") had been

notified on 08.09.2015, whereby the teachers, who have failed Patna High Court CWJC No.6895 of 2015 dt.17-02-2023

twice in efficiency test, will be given one more chance to appear

in efficiency test and keeping in view the above notification, the

petitioner has been allowed to continue.

4. Learned counsel for the petitioner submits that the

salary has not been released to the petitioner.

5. This Court, in the case of Pallavi Kumari Vs.

State of Bihar & Ors., passed in C.W.J.C No. 22186 of 2019

and analogous cases, has held that the salary has to be released

to those persons who are performing their duties.

6. In view thereof, the petitioner is granted liberty to

appear again in the efficiency test, as three chances are required

to be given. It is further directed that the respondents shall

release the salary of the petitioner, if the same has not been

released as yet.

7. Accordingly, with the above observation and

direction, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Amrendra/-

AFR/NAFR CAV DATE Uploading Date 20.02.2023 Transmission Date