Ramesh Kumar Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 824 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No.7921 of 2015
======================================================

Ramesh Kumar Singh son of Late Agarchand Singh, Resident of Village- Balchanda, P.S.- Kursaknta District-Araria.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary Human Resources Department, Govt. of Bihar, Patna

2. The District Education Officer, Araria

3. The Executive Officer Cum Block Development Officer, Panchayat Samiti Kursakanta, Araria.

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

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG-6 ====================================================== 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 04.04.2015, whereby his services were sought to

be terminated.

3. An affidavit has been filed on behalf of the

respondent No.4 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 twice in efficiency test, will be given one more

chance to appear in efficiency test and keeping in view the Patna High Court CWJC No.7921 of 2015 dt.17-02-2023

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