Patna High CourtCWJC/2201/2019disposed

Kamlesh Kumar v. The State Of Bihar And ORS

2019-02-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2201 of 2019 ====================================================== Kamlesh Kumar, Age-25 years, Gender-Male, S/o Mithilesh Prasad Singh R/o village Khutauna Jamui PO Amari PS khaira District Jamui ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Education Department, Bihar, Patna

3. The Director Primary Education, Bihar, Patna

4. The District Magistrate, Jamui

5. The District Education Officer, Jamui

6. The District Programme Officer (Establishment), Jamui

7. The Panchayat Secretary Gram Panchayat Raj Lakhochak, P.S. Lakhisarai,District-Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-02-2019 The present writ petition has been filed seeking implementation of the order dated 30.09.2016 passed in Appeal No. 36/25-16 by the District Appellate Authority, Lakhisarai, whereby and whereunder the learned Tribunal has directed the Panchayat Selection Unit of Lakhochak Gram Panchayat to appoint the petitioner as Panchayat Teacher in place of Pankaj Kumar who was illegally appointed.

The learned counsel for the petitioner has submitted that the respondent authorities are not complying with the aforesaid order dated 30.09.2016 and despite him having made a complaint before the said authority and the said authority having

Patna High Court CWJC No.2201 of 2019(2) dt.11-02-2019 2/2 written a letter dated 30.05.2017 to the Panchayat Secretary, Gram Panchayat Raj Lakhochak, Lakhisarai, no effort has been made for compliance of the aforesaid order dated 30.09.2016. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the records, this Court finds that the Panchayat Secretary, Gram Panchayat Raj Lakhochak, Lakhisarai is required to comply the aforesaid order dated 30.09.2016 unless and until the same has been set aside by a higher court of law.

It is directed accordingly, failing which the Panchayat Secretary, Gram Panchayat Raj Lakhochak, Lakhisarai shall not draw his salary from the month of March, 2019. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U