Shova Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14126 of 2017 ====================================================== Shova Kumari wife of Sri Arun Kumar Singh, Resident of VillageLakhanibigha, P.S. Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Joint Secretary, Department of Human Resources Development, Government of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The District Education Officer, Patna.

5.

The District Programme Officer, Establishment, Patna. 6.

The Block Education Officer, Danapur, Patna.

7.

The Incharge Principal, Government Middle School, Adampur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahboob Ashraf For the Respondent/s :

Mr.Madanjit Kumar-Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present application for a direction to the respondents to count his service with effect from 01.06.2007.

Learned counsel for the petitioner placing reliance on the resolution of Department of Human Resources Development, Bihar, Patna contained in memo no. 2517 dated 4.7.2008 would submit that once the State Government has taken decision to count the service of the teachers who were

Patna High Court CWJC No.14126 of 2017(2) dt.17-02-2020 2/2 terminated on the ground of that they have obtained less than 45 % in intermediate are entitled to reinstatement with effect from 1.6.2007 there is no justification in denying counting of service of the petitioner with effect from 1.6.2007.

Considering the aforesaid submission, the writ petition is disposed of with a direction to the Directory, Primary Education to decide the claim of the petitioner for counting his service in the light of resolution contained in memo no. 2517 dated 4.7.2008 if not already been decided within a maximum period of three months from the date of receipt/production of a copy of this order and grant all consequential benefit to the petitioner arising out of such decision.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U