Disposed

Shushila Kumari v. The State Of Bihar and Ors.

Patna HC5 Jul 2012CWJC/11180/2012

Case brief

AI extract

What is this about?

In a writ petition regarding the arrest of salary for a Panchayat Teacher, the Patna High Court directed respondents to examine grievances, pay if justified, and dispose within four weeks, while noting salary restraint creates rights under Articles 21 and 23.

What did the court decide?

Respondents to examine grievances, dispose within four weeks, and make legitimate payment if necessary.

Shushila Kumari Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11180 of 2012

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====================================================== 1. Shushila Kumari W/O Shailendra Kumar R/O Village- Ibrahimpur, P.O.Shakurabad, Distt.-Jehanabad

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The District Magistrate, Jehanabad 2. The District Education Officer, Jehanabad 3. The District Programme Officer, Jehanabad 4. The Block Development Officer, Ratni Faridpur (Jehanabad) 5. The Block Education Officer, Ratni Faridpur (Jehanabad) 6. The Mukhiya, Grampanchayat, Jhunathi (Jehanabad) Null Null 7. The Panchayat Secretary Grampanchayat Jhunathi (Jehanabad) 8. The Incharge Head Master, Primary School Jhunathi Khurd, Ratni Faridpur (Jehanabad) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar For the Respondent/s : Mr. Rajesh Singh Gp16 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 05-07-2012 Heard learned Counsel for the petitioner and the State. Asserting that the petitioner was appointed as a Panchayat Teacher by Memo No. 74 dated 13.8.2010, it is submitted that she was paid salary from 13.8.2010 till 13.8.2011 but payment of salary has been stopped from 14.8.2011 even though she is discharging duties and her representation to the Block Development Officer and Block Education Officer on 21.5.2012 and 18.6.2012 have evoked no response. Counsel for the State submits that salary being a statutory right is dependant on discharge of duties and it may be possible that there may be other issues involved also. If salary was paid to the petitioner after appointment as claimed by her but subsequently it has been stopped it has to be sanctified by law. Salary being a statutory right if the person is discharging duties and there

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Patna High Court CWJC No.11180 of 2012 (2) dt.05-07-2012

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are no other issues involved it also creates rights under Articles 21 & 23 of the Constitution of India.

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Let the respondents examine the grievances of the petitioner and dispose it off preferably within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order.

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Needless to state that if the respondents find justification in the claim or in any part of the claim necessary consequential orders including legitimate payment if any shall be made during the same period.

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The writ application stands disposed.

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(Navin Sinha, J)

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Snkumar/-

Shushila Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shushila Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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