Allowed

Reena Devi @ Reena Yadav v. The State of Bihar

Patna HC13 Jan 2023CWJC/12663/2022

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition by a government teacher seeking arrears of salary withheld from March 2022. The court relied on a previous judgment directing the release of such salary and interest if delayed. The petition was allowed based on the analogy with the cited case.

What did the court decide?

Releasing of salary arrears withheld from March 2022 to the petitioner teacher.

Reena Devi @ Reena Yadav Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12663 of 2022

¶2

======================================================

¶3

Reena Devi @ Reena Yadav W/o Sri Pramod Kumar Yadav Resident of Village- Amwa Khas, P.O.- Bhore, P.S.- Bhore, District- Gopalganj, Presently posted as Panchayat Teacher in Govt. Primary School, Sohagpur, Block- Hathua, District- Gopalganj.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

¶7

The District Education Officer, Gopalganj.

¶8

The District Programme Officer (Establishment), Gopalganj.

¶9

The Block Education Officer, Hathua, P.O. and P.S.- Hathua, District- Gopalganj.

¶10

The Headmaster, Govt. Primary School, Sohagpur, Block- Hathua, District- Gopalganj.

¶11

... ... Respondent/s

¶12

======================================================

¶13

Appearance :

¶14

For the Petitioner/s : Mr. Bipin Bihari Singh, Adv. For the Respondent/s : Mr. Madhaw Pd. Yadaw (GP 23)

¶15

======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶17

ORAL ORDER

¶18

3 13-01-2023

¶19

Heard the parties through virtual mode.

¶20

Learned counsel for the petitioner has moved an application pointing out that the writ petition is covered by the Judgment passed by this Court in C.W.J.C No. 22186 of 2019 (Pallavi Kumari Vs. State of Bihar & Ors.) and analogous cases dated 29.11.2022. which has held as under:-

¶21

“8. Keeping in view above, it is directed that the salary of the teachers shall not be withheld on excuses as above and arrears of salary shall also be released. Fund in this regard shall be made available by the Education Department to the concerned employment units for the purpose of payment. It is made clear that if the arrears are not released within a stipulated period of four months from today, the teachers would be entitled to receive interest on the arrears of the amount of salary at the rate of nine per cent. The interest amount shall be recoverable from the respective District Education Officers/ District Programme Establishment Officer.

¶22

9. If the salary/arrears of salary are not released, the concerned teacher would also be entitled to file an appeal before the

¶23

Patna High Court CWJC No.12663 of 2022(3) dt.13-01-2023

¶24

2/2

¶25

respective District Appellate Authority. If such an appeal is preferred, the same shall be decided expeditiously within a period of three months. If required, the District Appellate Authority/State Appellate Authority would be also empowered to impose penalty in terms of Rule 16 of the Rules of 2020 which provides as under:

¶26

“ 16. Power to impose Punishment:-

¶27

In case of non-compliance of the order/direction or in case of any complaints by the party for compliance of the order:-

¶28

(i) The Appellate Authority shall impose punishment against-concerned party but he will be given adequate opportunity of hearing before imposing punishment.

¶29

(ii) The Appellate Authority may impose penalty upto Rs. 50,0001/- (Fifty thousand only) upon the answerable party. The amount of penalty shall be deposited in the Treasury under the head indicated by the Department. The amount of penalty shall be recoverable by way of Public demand.

¶30

(iii) The Appellate Authority shall have jurisdiction to make recommendation to the concerned Department to initiate Departmental proceeding or to take necessary action against the delinquent employee under the provisions of Bihar Service Code/Bihar Panchayat Raj Act 2006/Bihar Municipal Act 2007 and other relevant provisions.”

¶31

Considering the aforesaid order and looking into the prayer made by the petitioner for releasing her salary since March 2022, the writ petition is allowed in terms of the aforesaid order.

¶32

(Sanjeev Prakash Sharma, J)

¶33

Sachin/Item No. 13

¶34

Reena Devi @ Reena Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Reena Devi @ Reena Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M/S Arya Bhatt Paper Mills Pvt. Vs

Sarita Kumari Vs The State of Bihar

Praveen Kumar Vs The State of Bihar

Shajda Parween @ Shajda Prween @ Shajda Perveen @ Sazda Parveen Vs The State of Bihar

Sukhbir Kumar Rajak, Vs The State of Bihar

Ajay Kumar Vs The State of Bihar