Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2188 of 2019 ====================================================== Sanjay Kumar S/o- Birendra kumar Sinha R/o- Village Chhotia, Post Office Takia Karpi, P.S. Khijarsarai, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The District Teacher Employment Appellate Authority Gaya 4.

The District Magistrate Gaya 5.

The District Superintendent of Education, Gaya 6.

The Block Development Officer, Vijaypur-cum-Executive Officer, Employment Unit Khijarsarai Block, Dist-Gaya 7.

The Block Education Officer Khijarsarai, Gaya 8.

The Secretary Jamunawan Gram Panchayat, Gaya 9.

The Mukhia, Jamuawan Gram Panchyat, Police Station-Khijarsarai, Gaya Gaya 10.

The Panchayat Sevak Jamuawan Gram Panchyat, P.s.-Khijarsarai, Gaya 11.

Ram Bharos Prasad Son of Harihar Prasad R/o- Village Sahwajpur, P.O. Takia, P.s.-Karpi, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Adv.

Mr. Ritika Rani, Adv.

For the State :

Mr. Narendra Kumar AC to GP-20 For the Mr. Chitranjan Sinha, Sr.Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 13-02-2024 Heard learned counsel for the parties.

2. The present application has been filed for the following reliefs:

(i) For quashing the order dated 20.12.2017 passed by Chairperson, State Appellate Authority, Bihar in Token No.

Appeal /583/2017 as contained in

Patna High Court CWJC No.2188 of 2019 dt.13-02-2024 2/3 Annexure-12 by which the State Appellate Authority has dismissed the appeal.

(ii) Also for quashing the office order vide Memo No. 98 dated 29.02.2012 passed in Case No. 68/11, by the Member, District Teacher Employment Appellate Authority, Gaya as contained in Annexure-10 by which appeal filed by the appellant has been dismissed on the ground of time barred.

(iii) Also for quashing the part of the letter dated 23rd May, 2005 issued under the signature of the Mukhiya and the Secretary of Jamuawan Gram panchayat in the District of Gaya, as contained in Annexure-4 whereby and whereunder Respondent No. 11 Ram Bharos Prasad has been appointed as Shiksha Mitra in Primary School, Khusialpur, under Jamuawan Gram Panchayat.

(iv) Also for any other necessary direction, including appointment to the petitioner on that post of Shiksha Mitra under Jamuawan Gram Panchayat to which petitioner is legally entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner submitted that though petitioner has higher marks than respondent no. 11 but the petitioner was not employed as Panchayat Shiksha Mitra. He

Patna High Court CWJC No.2188 of 2019 dt.13-02-2024 3/3 further submitted that the petitioner had filed representation before the District Appellate Authority where the prayer of the petitioner was dismissed. Thereafter, he filed appeal before the State Appellate Authority which was also dismissed.

4. Considering the facts and circumstances of the case, this writ application is disposed of with a direction to the respondents to dispose of the representation, if filed, within a period of six months from the date of receipt/production of a copy of this order.

(Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.02.2024 Transmission Date NA