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Patna High CourtCWJC/13792/2017disposed

Arvind Kumar Dubey And ORS v. The State Of Bihar And ORS

2018-02-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13792 of 2017 ======================================================

1. Arvind Kumar Dubey Son of Sri Purushottam Dubey Resident of Village- Bardiha, P.O. Kurur, P.S. Karakat, District Rohtas.

2. Nand Lal Pandey Son of Sri Parasnath Pandey Resident of Village Semara, P.O. and P.S. Bikramganj, District- Rohtas.

3. Arun Kumar Tiwari Son of Sri Shiv Bachchan Tiwari Resident of Village and P.O. Jamuaon, P.S. Piro, District Bhojpur, Ara.

4. Kamal Kishore Singh Son of Sri Baban Prasad Singh Resident of Village and P.O. Gopata, P.S. Bikramganj, District Rohtas.

5. Sudama Pandey Son of Sri Parasnath Pandey Resident of Village Semara, P.O. and P.S. Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar through District Education Officer, Rohtas.

2. The District Education officer, Rohtas.

3. The District Programme Officer (Estt.), Rohtas.

4. The Block Development Officer, Karakat, P.S. Karakat, District Rohtas.

5. The Block Education Officer, Karakat, P.S. Karakat, District Rohtas.

6. The Mukhiya, Gram Panchayat Raj, Madhopur, District Rohtas.

7. The Panchayat Secretary, Madhopur, District Rohtas.

8. The Mukhiya, Gram Panchayat Raj, Jonhi, District- Rohtas.

9. The Panchayat Secretary, Jonhi, District- Rohtas.

10. The Block Development Officer, Gotapa, P.S. Bikramganj, District- Rohtas.

11. The Block Education Officer, Gotapa, P.S. Bikramganj, District- Rohtas.

12. The Mukhiya, Gram Panchayat Raj, Nonhar, District- Rohtas.

13. The Panchayat Secretary, Nonhar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Rajeev Ranjan-GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Vide order dated 17.11.2017 the State as well as University was directed to file counter affidavit within a period of six weeks but it appears that the order dated 17.11.2017 was treated by the respondents as a waste paper.

Patna High Court CWJC No.13792 of 2017(3) dt.15-02-2018 2/2 The court does not appreciate the attitude of the respondent, however, in order to dispose of the writ petition, considering the fact that only factual enquiry is to be done by the respondents, the writ petition is disposed of with direction to the District Education Officer, Rohtas and District Programme Officer (Establishment),Rohtas to examine the relevant record and if it is found that the appointment of the petitioner is legal and valid and petitioner has worked during the period for which the petitioner is claiming salary, the respondent nos. 2 and 3 will ensure payment of arrears as well as current salary within a maximum period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U