Devendra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3139 of 2020 ====================================================== Devendra Rajak son of Sri Chandradev Rajak, resident of vill and P.O.- Shishiya, P.S.- Korha, District- Katihar (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Secretary to Govt. of Bihar, Department of Human Development Resources, Bihar, Patna.

3.

The Director of Primary Edcuation, Bihar, Patna. 4.

The Collector of District Katihar.

5.

The Regional Deputy Director of Education, Purnea. 6.

The District Education Officer, Katihar.

7.

The District Programme Officer (Establishment), Katihar. 8.

The Block Development Officer, Kodha, Distt.- Katihar. 9.

The Block Education Extension Officer, Kodha, District- Katihar. 10.

The Head Master of New Primary School, Satyanarain Tola, Bishanpur, Distt.- Katihar.

11.

The Panchayat Secretary, Panchayat Raj Baharkhal, P.S.- Kodha, DistrictKatihar. 12.

The Mukhiya of Panchayat Raj, Baharkhal, P.S. - Kodha, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Pratap Singh For the Respondent/s :

Mrs. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"(i) For issuance of writ in the nature of a writ of mandamus directing and commanding the respondents to pay regular salary to the petitioner for which he is legally entitled since his appointment

Patna High Court CWJC No.3139 of 2020(3) dt.09-09-2024 2/2 on 10.04.2007 and joining on 16.04.2007 (in the school) but has paid till September, 2019, not paid a penny since October 2019.

(ii) For issuance of writ in the nature of certiorari setting aside and quashing the order of District Programme Officer (Establishment), Katihar dated 06.12.2019 whereby relying upon another writ petition where the present petitioner is not a party before the court to the best of his knowledge and information has been used against the petitioner for the proposed termination of the petitioner without following the due process of law.

(iii) Pass an order of ad-interim stay maintaining status-quo about petitioner's 13 years uninterrupted, unquestioned service to its employer by imparting education in the posted school.

(iv) Pass any other order(s), issue writ(s) as your lordships may deem fit and proper in the facts and circumstances of the case in hand."

3. Considering the prayer made in the writ application, the petitioner is directed to file an appeal before the District Appellate Authority within four weeks and the District Appellate Authority is well advised to consider the case of the petitioner and pass a reasoned and speaking order in accordance with law.

4. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U