Disposed

Mukesh Kumar v. The State Of Bihar and Ors.

Patna HC28 Aug 2012CWJC/14173/2012

Case brief

AI extract

What is this about?

The petitioner, a Panchayat Teacher, challenged non-payment of salary despite discharging duties. The High Court directed the District Programme Officer to investigate grievances, examine penal aspects against those withholding payment, and pass reasoned orders within four weeks.

What did the court decide?

Directed District Programme Officer to investigate grievances, examine issues of eligible payment and potential cheating against those withholding salary, and pass reasoned orders within four weeks.

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

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Patna High Court CWJC No.14173 of 2012 (2) dt.28-08-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14173 of 2012

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====================================================== Mukesh Kumar Son Of Sri Ram Jatan Prajapati Resident Of Village & P.O. Panari, P.S. Belaganj, Dist.- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar Through The Director Primary Education Human Resources Development Department Bihar, Patna 2. The District Magistrate, Nawada 3. The District Programme Officer (Establishment) Nawada 4. The Block Development Officer Sirdala, Nawadah 5. The Block Education Officer Anchal Sirdala Nawadah 6. The Headmaster Up Graded Middle School Bandhi Anchal Sirdala Nawada 7. The Mukhiya Village Panchayat Bandhi Anchal Sirdala, Nawada 8. The Panchayat Secretary Village Panchayat Bandhi Anchal Sirdala, Nawada .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar For the Respondent/s : Mr. Prabhakar Tekriwal GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 28-08-2012 Heard learned counsel for the petitioner and the State.

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The petitioner claims to be working as a Panchayat Teacher in the Upgraded Middle School Bandhi Anchal Sirdala, within the district of Nawada. He is aggrieved by denial of salary from 30.12.2010 till date.

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Counsel for the petitioner submits that he is discharging duties and payment of salary is a statutory right. There are no proceedings pending against him. Directions have been

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Patna High Court CWJC No.14173 of 2012 (2) dt.28-08-2012

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issued for payment of salary to Block Teachers and Panchayat Teachers. Money has also been released yet payment was not being made. The petitioner has represented before the authorities fruitlessly.

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Counsel for the State submits that salary has to be paid to the eligible, but in accordance with law.

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Since the application is being disposed without any opportunity to the respondents to file counter affidavit, it is observed that the District Programme Officer (Establishment), Nawada shall consider the grievances of the petitioner and pass an appropriate reasoned and speaking order. If salary is proposed to be denied for any reason the petitioner has to be furnished materials with an opportunity to defend before final orders are passed.

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Conversely, if the District Programme Officer arrives at the conclusion that salary was not paid for any justified reason and the petitioner had been working, it is directed that he shall also examine the penal aspects of the law with regard to those who may have taken work from the petitioner on a promise of payment amounting to cheating.

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Let such final appropriate orders be passed within a maximum period of four week from the date of receipt and/or

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Patna High Court CWJC No.14173 of 2012 (2) dt.28-08-2012

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production of a copy of this order.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-

Mukesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Mukesh Kumar v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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