Binoba Ram @ Binova Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1163 of 2025 ====================================================== Binoba Ram @ Binova Ram S/o Ram Swaroop Ram Resident of Village and P.O.- Mahuli, P.S.- Rosara, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Education Officer, Samastipur.

4.

The District Program Officer (Establishment), Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Respondent/s :

Mr. Raghwendra Kumar, S.C.-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2025 Heard learned counsel for the parties.

2.

The present writ application is filed for the following reliefs:

A. To issue direction, order or writ in the nature of Mandamus, or any other appropriate writ/writ order/orders, direction/directions, commanding the respondents to make payment of salary from the month of February 2012 to January 2024, periods the respondent authority has restrained to the petitioner to perform duty on the post of Assistant Teacher as the petitioner was selected on the said post along with other similarly situated persons in the month of February 2012

Patna High Court CWJC No.1163 of 2025(2) dt.27-01-2025 2/3 and after due counselling allotted District - Samastipur for his counseling and posting against 34540 vacant post after followed due procedure of selection and also on the recommendations of Hon'ble Apex Court but after long litigation vide order dated 14.03.2024, the respondent has issued posting letter in favor of the petitioner, although other selected persons were posted in the month of February, 2012 itself and allowed them to work and paid salary to them.

B. To issue a direction, order, or writ upon the respondents to grant all subsequent benefit to the petitioner from the initial date of selection/appointment, the similarly situated persons have given as after intervention of this Hon'ble Court after long litigation and delay of about 12 years respondents have allowed to join on the post of Assistant Teacher (Trained)34540 grade, and also similarly situated persons have already been granted the same benefit in light of judgment rendered in L.P.A. No. 1254 of 2016, and analogous matter, L.P.A. No. 1309 of 2017 and L.P.A No. 1310 of 2017.

C. To issue any other relief/reliefs that the petitioner may be found to be entitled in the fact

Patna High Court CWJC No.1163 of 2025(2) dt.27-01-2025 3/3 and circumstances of the present case.

3.

Considering the reliefs mentioned in the writ application, I direct the petitioner to file a detailed representation before The Director, Primary Education, Govt. of Bihar, Patna (respondent no.2) along with all the supporting documents, which has been annexed in the writ application, in support of his claim and also enclose relevant judgment, if any, within four weeks from today and respondent no.2 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within one month thereafter. 4.

It is made clear that respondent no. 2 shall be solely liable for non-compliance of this order within the stipulated period. 5.

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

(Anjani Kumar Sharan, J) priyanka/- U