Mithilesh Kumar vs State Of Bihar

Heard Mr. Shambhu Sharan Kumar, learned Advocate for the petitioner and Mr. Ram Binay Prasad Singh for the State.

The petitioner, who is a Block Teacher is aggrieved by the fact that despite his rendering services, he has not been paid his salary since 28.09.2016.

It appears from the records that the Deputy Secretary of the Education Department has also written to the District Education Officer, Saharsa that

there is no justifiable reason for withholding the salary of the petitioner and therefore requested him to pass necessary directions to the District

Programme Officer, Saharsa for immediate payment of salary to the petitioner. This communication was made in the month of July, 2018.

Nothing happened thereafter and the learned counsel for the State submits that if at all the petitioner is aggrieved by any inaction of the respondents,

he could approach the District Teachers Appellate Authority for the needful.

This Court does not appreciate the aforesaid response of the State more so when nothing has been brought on record to justify the stoppage of salary

of the petitioner.

It is thus, in the aforesaid circumstances, directed that the petitioner shall bring to the notice of the District Education Officer (Establishment), Saharsa

(respondent no. 5) a copy of this order along with a representation within a period of two weeks to resume the salary of the petitioner as also to make

payment of the arrears of salary accrued up till now. Necessary orders shall be passed by the concerned respondent ensuring the payment of salary

and the arrears to the petitioner within a further period of six weeks, unless for a justifiable reason, the salary cannot be paid to the petitioner, in which

case, a reasoned order shall be passed, failing which the respondent no. 5 shall not draw his salary.

With the aforesaid direction/observation, the writ petition is disposed of.