LAWS(PAT)-2016-11-44

ANIL KUMAR S/O LATE MAHESHWAR YADAV R/O VILLAGE & P.O. Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA

Decided On November 10, 2016
Anil Kumar S/O Late Maheshwar Yadav R/O Village And P.O. Appellant
V/S
The State Of Bihar Through The Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Baily Road, Patna Respondents

JUDGEMENT

(1.) In all the aforesaid writ petitions, same relief was sought for, all the writ petitions were heard together and order was reserved.

(2.) In all the writ petitions, petitioner(s) were initially appointed as Assistant Teacher on compassionate ground, as per recommendation made by District Compassionate Committee, Madhubani. Petitioner(s) have prayed for quashing of order dated 20-04-2011 passed by the District Superintendent of Education, Madhubani by different memo nos. By the said order, the District Superintendent of Education has directed to recover the excess paid amount to the petitioner(s), which was to be recovered at the rate of Rs. 2,000.00 per month from their salary. In respect of some of petitioners, recovery to the extent of Rs. 20,000.00 was made, however; in some cases, recovery could not be made. The detail of the cases will be indicated hereinafter.

(3.) In the 1st case i.e. C.W.J.C. No. 15885 of 2011 (Anil Kumar Vs. The State of Bihar ) , counter affidavit was filed on behalf of respondents, same was taken as lead case.