Rajesh Kumar Manjhi vs The State Of Bihar & Ors on 24 June, 2011

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                          LPA No.983 of 2010
                         Rajesh Kumar Manjhi
                                 Versus
                        The State Of Bihar & Ors
                                -----------

03/ 24th June 2011 Heard Mr. Umesh Kumar Mishra, learned

counsel for the appellant and AAG-4 for the respondents.

By the judgment impugned learned single

Judge has directed respondent no.7, Sri Kedar Ram,

Panchayat Sachiva, Gram Panchayat Raj, Fulwaria,

under Maker Block, Saran to make payment of entire

arrears to the petitioner. Learned single Judge further

directed him not to put any obstacle in future in payment

of salary to the petitioner on regular basis without

putting any hindrance. In case of some false pretext if

such obstacle is put by the respondent no.7, it will be

proper to the concerned District Magistrate or the BDO

to take legal action against respondent no.7.

The aforesaid direction has been issued on

the basis of the fact recorded in the judgment which

reads as follows:-

” No such complaint has been made by any
other person. The District Magistrate of the
concerned district, the B.D.O, the District
Superintendent of Education no one has found
any such irregularity in case of the petitioner
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except the respondent no.7. This shows the
intention of respondent no.7. The reason for
not making payment must have been
something else which has not been disclosed.

However, counsel for the petitioner submits
that still some arrears have not been paid”.

Learned single Judge has further recorded that

Rs. 1,11000/- has been paid to the petitioner.

It has been stated in the appeal that this payment

was made when the appearance of the appellant was

required by the Court and the Court directed to make

payment. Learned single Judge has not taken into

account the report of the Block Development Officer

wherein after considering the representation of both the

parties the B.D.O. has recorded a finding that the

petitioner-respondent No.9 never joined Primary School

Kap Sahar (Hindi) and by 31.12.2008 no payment was

made to the petitioner-respondent No.9 in appeal. It has

further been recorded that the petitioner-respondent

No.9 has joined a Girl Primary School, Phulwaria Tole

Kap Sahar which is an unaided institution which was

evident from the verification of the location of two

schools on two different plots.

Regional Deputy Director (Primary School)
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of the region is directed to decide the entire issue in the

light of Annexure-3 relating to appointment of the

petitioner in writ petition, respondent No.9 in this appeal,

afresh and pass appropriate order within a period of

fifteen days from the date of production of certified copy

of this order.

Till the decision by the Regional Deputy

Director, Primary School, the contempt proceedings are

deferred. The appeal is disposed of.

(Prakash Chandra Verma, J.)

(Aditya Kumar Trivedi, J.)
perwez