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Patna High CourtCWJC/1730/2025disposed

Surendra Ravidas v. The State Of Bihar

2025-02-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1730 of 2025 ====================================================== Surendra Ravidas Son of Late Ganesh Ravidas, resident of village- Gandhar Math, P.O. - Bandhuganj P.S. - Ghosi, District- Jahanabad. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Education Officer, Jahanabad.

4.

The District Program Officer (Establishment), Jahanabad. 5.

The Block Education Officer, Hulasganj, District - Jahanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Respondent/s :

Mr. Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

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

"A. To issue direction, order or writ in the nature of Mandamus, or any other appropriate writ/writs, order/orders, direction/directions, commanding the respondents after fixation of salary of the petitioner from initial date of selection/posting i.e. from 15.02.2012 and pay arrears of salary for the periods the petitioner had worked and also the period the respondent authority has restrained to the petitioner to perform his duty on the post of Assistant Teacher as the petitioner was selected vide order dated 15.02.2012 on the post of Regular Assistant Teacher (Trained) 34540 Grade, in Pay Scale of Rs. 4200/-

Patna High Court CWJC No.1730 of 2025(2) dt.04-02-2025 2/3 Band P-2 Grade and latter on wrongly terminated twice to the petitioner vide letter dated 06.10.2012 and 17.04.2018 and after long litigation the respondent has reinstated to the petitioner vide letter dated 15.01.2024.

B. To issue a direction, order, or writ upon the respondents to grant all subsequent benefit to the petitioner who has been reinstated in the from the date of his termination on the post of Assistant Teacher (Trained)34540 grade, as 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 and circumstances of the present case."

3. At the very outset, learned counsel for the petitioner submits that the petitioner has already filed representation before the concerned Authority, but till date no order has been passed by the concerned Authority.

4. Considering the above-made submission, the petitioner is directed to file a detailed representation before the Respondent No. 2 along with all supporting documents within a period of 30 days and the Respondent No.2 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within two months thereafter.

Patna High Court CWJC No.1730 of 2025(2) dt.04-02-2025 3/3

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

6. If the petitioner is found entitled to consequential benefits, then the payment of the same shall be made to the petitioner within three months thereafter.

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

(Anjani Kumar Sharan, J) anand/- U