This dismissal order addressed a writ petition seeking salary from September 2022 for Block Teachers. The court held that jurisdiction lies with the District Appellate Authority for such service disputes and dismissed the petition, allowing appeal.
Writ petition dismissed with liberty to file appeal before the District Appellate Authority.
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.630 of 2023
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Pratap Sharma, Adv. For the Respondent/s : Mr. Madhaw Pd. Yadaw (GP 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 03-02-2023 Heard the parties through virtual mode.
prayed as under :-
“ 1. That this writ petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions for the payment of salary to the petitioners from September 2022 upto till date which has been with held by respondent No. 4 without any rhyme and reason by ignoring the vital aspect that the petitioners are discharging their duty and not departmental proceeding is pending nor any kind of enquiry is pending against them and for the other necessary relief/reliefs on the basis of facts and circumstances of the case.”
Patna High Court CWJC No.630 of 2023(2) dt.03-02-2023 2/2
(Sanjeev Prakash Sharma, J)
Sachin/Item No. 29
U
3 issues framed by the court
Whether salary withheld from September 2022 should be directed to be paid.
Whether the petitioners are discharging duty and whether departmental proceedings are pending.
Whether the writ petition should be allowed or dismissed.
Colour shows how this judgement treated each authority
Suresh Ram Vs. The State of Bihar & Ors.Referred¶19
C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.)
2022 (2) B.L.J. 381Referred¶19
2022 (2) P.L.J.R. 80Referred¶19
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶19
C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.)
Jay Krishna Jha
Gopal Krishna Jha
State of Bihar
District Programme (Establishment) Officer, Education Department
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
