PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:

Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned GA-2 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

(i) For issuance of a writ specially in nature of mandamus commanding and directing upon the Respondent concerned specially Respondent No. 2 to pay the due salary since June 2022 to up till now in view of order bearing Memo No. 74 dated 03.04.2024 issued under the signature of Presiding Officer, District Teacher's Appellate Authority, Nawadah (Annexure-P/4) under which Respondent District Education Officer, Nawada is directed to pay the due salary of the petitioner and against that order no appeal has been preferred by Respondent No. 2 and as such the order passed by learned District Teacher's Appellate Authority has got finality and despite continuous communication to the Respondent No. 2 from the level of Respondent No. 5 no response is being given causing non payment of salary to the petitioner.

(ii) For direction upon the Respondent concern specially Respondent No. 4 to allow the petitioner to make signature on attendance register in his school in view of order passed by learned District Teacher's Appellate Authority, Nawadah as the petitioner has been restrained from making signature in attendance register vide Memo No. 137 dated 07.06.2022 issued under the signature of Respondent No. 4 in compliance to order bearing Memo No. 1044 dated 31.05.2022 issued to Respondent No. 2 which was assailed before learned District, Teacher's Appellate Authority and the appeal has been allowed directing the Respondent No. 2 to ensure the payment of due salary of the petitioner.

(iii) For further direction upon the Respondent concerned not to create hindrance in discharging his duty as teacher in Primary School, Pali, under Block- Mahrath, District- Nawadah as the appointment of petitioner has already been made in view of order bearing Memo No. 316 dated 10.12.2012 passed by learned District Teacher's Appellate Authority, Nawadah and the same has got finality without any challenge by any one and as such there is no legal impediment in continuance of service of petitioner

(iv) For issuance of any other order/orders for granting any other relief/relief for which the petitioner is found entitled to in the facts and circumstances of the case.

3.The petitioner is aggrieved for non-payment of salary from July'2022 till date.

4. The matter relates to appointment of the Niyojit teachers in the second phase appointment process initiated in the year 2008 in accordance with the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as the 'Rules 2006'), which had taken at the level of appointment unit, namely, Gram Panchayat Belar (Kashichak). The petitioner though had participated in the counselling held on the notified date, but in spite of having all the requisite qualification, he was not handed over the appointment letter by the Panchayat Selection Committee.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTA4NDYjMjAyNSMxI04=-XaLhforaM1M=

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