Petitioner, a school teacher, approached the court after salary stoppage. Relying on a prior judgment in identical facts, the court directed respondents to pay arrears from March 2012 and current salary, allowing the writ petition.
Directed respondents to pay arrears of salary from March, 2012 onwards and current salary forthwith.
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Patna High Court CWJC No.20521 of 2012 (2) dt.06-11-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20521 of 2012
======================================================
GEETA SINHA W/O LATE SHATRUGHAN PRASAD, R/O CLUB ROAD, KALYANI, HARISHABHACHOK, P.S. AND DISTRICTMUZAFFARPUR
.... .... Petitioner/s
Versus
.... .... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha, Adv.
: Mr. Pankaj Kumar Sinha, Adv. For the Respondent/s : Mr. Saptashwa Singh, A.C. to AAG3
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2. Learned counsel for the petitioner invites attention to an earlier order of this Court dated 7.11.2009 passed in C.W.J.C. No. 18955 of 2008 when she had sought relief against similar action of the respondents stopping her salary on the ground that her appointment had been made on the basis of her degree of Prathma obtained from Hindi Sahitya Sammelan, Allahabad.
3. This Court had disposed of the matter with a
Patna High Court CWJC No.20521 of 2012 (2) dt.06-11-2012
direction to make payment of the entire payments of salary
of the petitioner right from the date of her appointment as well as for making payment of current salary.
4. A reference to Annexure-4 shows that salary has been stopped once again for the same reason as before and on the show cause reply of the petitioners, the Block Education Officer has sought directions in the matter from the District Programme Officer (Establishment) through his letter dated 18.5.2012 (Annexure-3).
5. This Court finds it difficult to fathom what directions the District Programme Officer (Establishment) would be capable to giving once the matter has already been decided by this Court in C.W.J.C. No. 18955 of 2008 noticed above, the reason for stoppage of salary being the same as before the matter stands concluded in the aforesaid decision of this Court.
6. In the above circumstances, therefore, this Court directs the respondents to take immediate steps for payment of the arrears of salary of the petitioner from March, 2012 and onwards and also pay her current salary forthwith.
7. The writ petition stands allowed.
Fahad.
1 issue framed by the court
Whether respondents are directed to pay arrears and current salary of petitioner despite stoppage due to disputed appointment qualifications already decided by this Court?
Colour shows how this judgement treated each authority
Case involving the same petitionerFollowed¶2
C.W.J.C. No. 18955 of 2008 dated 7.11.2009
Geeta Sinha w/o Late Shatrughan Prasad
State of Bihar through Principal Secretary, Human Resource Department
District Education Officer, Vaishali
District Programme Officer (Establishment), Vaishali
Block Education Officer, Goraul
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
