Sunil Kumar vs State Of Bihar

Heard the parties.

The petitioners have prayed as under:

“(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to make payment of arrears of salary to the petitioners since the date of their initial joining i.e. from 08/15.06.2015 and onwards as well as current salary to the petitioners interalia on the ground that the petitioners are validly appointed after following the due procedure of selection as prescribed under Bihar Panchayat Elementary Teacher (Appointment and Service Condition Rules, 2012 and Amendment Rules, 2014 and continuously discharging their duties with best of their capacities and to the full satisfaction of the Authorities concerned as well as students and their guardians but in lieu of that no salary is being paid to them for no reason whatsoever.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to make payment of interest over the delayed payment of arrears of salary on the ground that delay in payment of salary is directly attributable to the Respondents.

(III) For issuance of any other appropriate writ /writs, order /orders, direction /directions for which the writ petitioners would be found entitled under the facts and circumstances of the case.”

Keeping in view the observations made 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 has held as under:-

“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.

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

“16. Power to impose Punishment:-

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

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

(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.

(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.”

Keeping in view above, the same directions are held to be applicable in the present case mutatis mutandis.

In view of the above, the writ petition stands allowed.