In a writ petition, a teacher challenged non-payment of salary since 2013 due to certificate verification. The court held stopping salary for six years was arbitrary and ordered respondents to complete verification within 60 days.
Direction to complete verification within 60 days and pass order for salary if certificate is genuine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17089 of 2019
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Priyadarshi Ajay, S/o Late Surya Narayan Singh, Resident of Village- Gadua, Police Station- Sheikhpura, District- Sheikhpura, presently posted as Prakhand Teacher in Upgraded Middle School, Gangapur, Block- Ariari, District- Sheikhpura
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. AC to GA, GA-12 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
Heard learned counsel for the petitioner and the respondents.
The grievance of the petitioner in the present writ application is non-payment of salary.
Learned counsel for the petitioner submits that in the name of verification of certificate, the salary of the petitioner has been stopped since 01.09.2013.
Verification of certificate is within the realm of the respondents and no one can object to verification of the certificate, but there should be a reasonable time limit. For
Patna High Court CWJC No.17089 of 2019(2) dt.22-08-2019 2/2
verification of certificate, one cannot be allowed to stop the salary and leisurely conduct the verification for six years.
The petitioner has not been paid salary in the name of verification, which is ex facie arbitrary exercise of power.
Considering the fact that the petitioner is working as teacher, but not getting salary since 01.09.2013, the writ application is disposed of with a direction to the respondents to complete the verification of the certificate of the petitioner at the earliest within a period of 60 days from the date of receipt/production of a copy of this order and thereafter pass appropriate order for payment of salary, if the certificate of the petitioner is found genuine.
It is made clear that after 60 days, the respondents may not take the plea of non-verification of certificate to stop the salary.
With the aforesaid, this application stands disposed of.
(Anil Kumar Upadhyay, J)
uday/-
U
2 issues framed by the court
Whether stopping salary for six years for certificate verification is arbitrary and unreasonable.
Whether a time limit should be fixed for completing salary verification.
Priyadarshi Ajay
The State of Bihar
District Education Officer, Sheikhpura
District Programme Officer, Sheikhpura
Block Development Officer, Ariari
Block Education Officer, Ariari
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
