High Court Patna High Court - Orders

Maithili Sharan Choudhary vs The State Of Bihar & Ors on 23 August, 2011

Patna High Court – Orders
Maithili Sharan Choudhary vs The State Of Bihar & Ors on 23 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.12889 of 2011
                   Maithili Sharan Choudhary, son of Ram Dawan Choudhary, resident
                   of Village - Majhauli, Police Station - Bidupur, District - Vaishali
                                                    Versus
                   1. The State off Bihar through the Principal Secretary, Human
                       Resources Development Department, Government of Bihar, Patna.
                   2. The Principal Secretary, Human Resources Development
                       Department, Government of Bihar, Patna.
                   3. The Director, Primary Education, Government of Bihar, Patna.
                   4. The District Education Officer, Vaishali.
                   5. The District Superintendent of Education, Katihar.
                                               -----------

02. 23.8.2011 Petitioner was working as an Assistant Teacher in

Government Basic School, Jaffarpatti, in the district of Vaishali.

Vide Memo No. 785 dated 17.3.2010, the District Education

Officer, Vaishali relieved the petitioner to join the post of Block

Education Extension Officer at Kadwa in the district of Katihar.

This was based on the notification issued in terms of Annexure-

2 under the signature of the Director, Primary Education,

Government of Bihar.

Petitioner has been working under the District

Superintendent of Education, Katihar since 22.3.2010 but due to

non-issuance of Last Pay Certificate (LPC) by the authority

concerned in Vaishali he has gone without salary for a year and

half now.

Looking at the nature of the prayer made in the writ

application, this writ application is disposed of with a direction

upon the District Education Officer, Vaishali that on production

of a copy of this order he shall take immediate steps for

issuance of LPC of the petitioner and forward the same to the
2

District Education Officer, Katihar forthwith unless there is

some legal impediment in the way. If there is one the concerned

authority will give a speaking order as to the reason for non-

issuance of LPC so far. The direction issued by the Court must

be complied within the time frame or else the Court will view

the matter seriously if the occasion arises.

Writ stands disposed of with the above direction.

rkp                                            ( Ajay Kumar Tripathi, J.)