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2009 DIGILAW 1539 (PAT)

Babita Kumari Daughter Of Rajendra Prasad Gupta Wife Of Gurudeo Gupta v. State Of Bihar

2009-12-09

MRIDULA MISHRA

body2009
JUDGEMENT 1. Heard counsel for the petitioner and the counsel appearing for the State. 2. Petitioner has prayed for quashing the Memo No. 4240 dated 15.11.2007 issued under the signature of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna and also for quashing the consequential order contained in Memo No. 879 dated 17.4.2009 issued under the signature of District Superintendent of Education-cum- District Programme Coordinator, Bihar Education Project, Begusarai. By the impugned letters a direction was issued to cancel the appointment of such Panchayat Teachers/Prakhand Teachers, who were appointed on the basis of their Up-Shastri or Maulvi degree treating it equivalent to intermediate. 3. Counsel for the petitioner submits that on account of the impugned orders her payment of salary has been stopped since September, 2008 and till date no order has been passed by the respondents for payment of her salary. Despite this fact that the order contained in Memo No. 4240 dated 15.11.2007 issued by the Principal Secretary, Human Resources Development Department, has already been quashed by this Court by order passed in C.W.J.C. No. 12456 of 2008 and analogous cases, Ribha Rani and Others V/s. The State of Bihar and Others, petitioners salary has been stopped in the light of order contained in Memo No. 4240 dated 15.11.2007. 4. I fail to understand the behaviour of the respondents, District Superintendent of Education, Begusarai and other concerned authorities, who are compelling similarly situated appointed teachers to bring an order in their favour from High Court for resuming payment of their salary and for re-instating on their posts. They have full knowledge regarding the decision taken by this Court in Ribha Ranis case. Petitioners case is fully covered by the judgment and order passed in C.W.J.C. No. 12456 of 2008 and analogous cases (Ribha Rani and Other V/s. The State of Bihar and Another), but she is being harassed. 5. Accordingly, a direction is issued to all concerned authorities in the district of Begusarai including those who are connected with Education Department as well as the concerned Mukhiya and Panchayat Secretary of the Gram Panchayat, to make payment of petitioners arrears of salary since September, 2008 till date and also to continue payment of month to month current salary. Payments must be made within three weeks from the date of production/communication of this order.