Mahmuda Khatun Vs The State of Bihar. — Patna HC (2025) — LawSathi Research

Mahmuda Khatun Vs The State of Bihar. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to represent before the Additional Chief Secretary, Education Department for redressal of grievance and continuation of salary; Additional Chief Secretary to abide by his own decision and direct payment of salary if already not stopped, subject to the final outcome of the Apex Court's order in SLP (C) No. 10872-10848 of 2024 (Md. Tanzim Reza & Ors. vs. Union of India & Ors.).

Issue for consideration

Whether the petitioner's grievance regarding stoppage of her salary as a teacher without any disciplinary proceeding should be redressed and her salary continued/paid.

Court's answer

The Additional Chief Secretary, Education Department must abide by his own decision (Memo No. 734 dated 08.07.2022 and Memo No. 746 dated 11.07.2022) and direct the authority concerned to make payment of the salary, if already not stopped, subject to the final outcome of the order passed by the Apex Court in SLP (C) No. 10872-10848 of 2024 (Md. Tanzim Reza & Ors. vs. Union of India & Ors.).

Ratio / Principle

The petitioner is at liberty to represent before the Additional Chief Secretary, Education Department for redressal of the grievance and for continuation of the salary.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), Civil Writ Jurisdiction Case No.8332 of 2021, Mahmuda Khatun v. The State of Bihar & others (oral order dated 17-04-2025): Writ petition raising a teacher's grievance over stoppage/continuation of salary disposed of. Taking note of the counter affidavit of respondent no. 5, which referred to clarifications issued by the Additional Chief Secretary, Education Department (Memo No. 734 dated 08.07.2022 and Memo No. 746 dated 11.07.2022) that payment of salary to a teacher should not be stopped without any disciplinary proceeding, the Court granted the petitioner liberty to represent before the Additional Chief Secretary, Education Department for redressal of the grievance and continuation of salary, and directed the Additional Chief Secretary to abide by his own decision and direct the authority concerned to make payment of the salary, if already not stopped, subject to the final outcome of the order of the Apex Court in SLP (C) No. 10872-10848 of 2024 (Md. Tanzim Reza & Ors. vs. Union of India & Ors.).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8332 of 2021

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

Mahmuda Khatun Wife of Mujibur Rehman, resident of Village - Choukiya Paharpur Shabdar Tola, Amdabad, P.S. - Durgapur, Dist. - Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

The Principal Secretary, Education Department, Govt. of Bihar, Patna.

The Director, Primary Education, Govt. of Bihar, Patna.

The District Education Officer, Katihar.

The District Programme Officer (Establishment), Katihar.

The Block Education Officer, Amdabad, Katihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Prashant Sinha, Advocate For the Respondent/s : Mr. Madanjeet Kumar, GP-20 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 17-04-2025

Heard Mr. Prashant Sinha, learned counsel appearing

on behalf of the petitioner and Mr. Madanjeet Kumar, learned GP-20 for the respondent/s.

In light of the information contained in paragraph no. 18 of the counter affidavit filed on behalf of the respondent no. 5, wherein, reference has been made regarding the orders passed by the Additional Chief Secretary, Education Department, contained in Memo No. 734 dated 08.07.2022 and Memo No. 746 dated 11.07.2022 clarifying that without any disciplinary proceeding, payment of salary to a teacher should not be stopped, the petitioner is at liberty to represent before the

Patna High Court CWJC No.8332 of 2021(3) dt.17-04-2025 2/2

Additional Chief Secretary, Education Department for redressal of his grievance and for continuation of the salary.

The Additional Chief Secretary, Education Department, must abide by his own decision and direct the authority concerned to make payment of the salary, if already not stopped. However, the same will subject to the final outcome of the order passed by the Apex Court in SLP (C) No. 10872-10848 of 2024 (Md. Tanzim Reza & Ors. vs. Union of India & Ors.).

Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J)

Niraj/-

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