Ram Sevak Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16096 of 2018 ====================================================== Ram Sevak Ram Son of Baudhi Ram Resident of Village and P.O. - Bela Rauhi, Ward No. 5, P.S. Babu Barhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

4.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 5.

Sri Vinodanand Jha, Director, Jan Shiksha, Education Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha For the Respondent/s :

Mr.Ashutosh Ranjan Pandey- Aag15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 10.08.2018 is listed for hearing for the first time today before the Court.

Petitioner has prayed for the following relief: "(i)For holding that the respondent no.5 has no right to hold the post of Director, Jan Shiksha in the Education Department, Govt. of Bihar as in view of the Notification issued by the Personnel and Administrative Reforms Department, Govt. of Bihar as contained in Memo No. 942 dated 28.01.2010, the Post of Director, Jan Shiksha Cum-Additional Secretary is o be filled up by a

Patna High Court CWJC No.16096 of 2018(2) dt.06-01-2020 2/2 senior officer of the Bihar Administrative Service in the pay scale of Rs. 16400-20000/- (pre-revised), while the private respondent is a junior officer of Bihar Education Service.

(ii) For necessary direction upon the respondent authorities to remove the respondent No.5 from the post of Director, Jan Shiksha in the Education Department, Govt. of Bihar and appoint any officer of the Bihar Administrative Servie of the rank of Additional Secretary on the post. (iii) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present writ petition.

Permission is granted.

The petition is accordingly dismissed as withdrawn. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U