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Patna High CourtCWJC/10145/2018disposed

Brahmdeo Ravidas v. The State Of Bihar And ORS

2019-08-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10145 of 2018 ====================================================== Brahmdeo Ravidas, Son of Shanti Ravidas, Resident of Village- Dumri, PostDumri, P.S.- Sono, District- Jamui. ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna 2.

The Director, Middle Education, Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The District Education Officer, Jamui.

5.

The Block Education Officer, Sono, District- Jamui. 6.

The Head Master, 2 Jawahar High School, Dumri Rajpur, Block, Sono, District- Jamui.

District Programme Officer, Secondary Education, Jamui, District- Jamui 7.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Respondent/s :

Smt. Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Learned counsel for the petitioner is permitted to implead District Programme Officer, Secondary Education, Jamui as respondent no.7 during course of the day.

2. Heard learned counsel for the petitioner and the respondents.

3. The petitioner has filed the present writ application for a direction to the respondents to make payment of salary to him w.e.f. 21.04.2014.

4. In the counter affidavit, specific stand was taken by the respondents that the service of the petitioner was dispensed with w.e.f. 21.04.2014. Petitioner has filed rejoinder to the counter affidavit enclosing information received by the

Patna High Court CWJC No.10145 of 2018(2) dt.08-08-2019 2/2 petitioner under RTI Act.

5. The information solicited by the petitioner under Right to Information Act would indicate that no one was removed from the post of night guard and such decisions are only taken after the decision of the Managing Committee of the concerned school.

6. Considering the aforesaid information furnished under Right to Information Act by the District Programme Officer, Secondary Education, Jamui, the writ application is disposed of with a direction to the District Programme Officer, Secondary Education, Jamui to take appropriate decision with regard to unpaid salary of the petitioner, if the petitioner has not been terminated, as it appears from the information furnished by the District Programme Officer, Secondary Education, Jamui.

7. Necessary decision in this regard must be taken by the respondent District Programme Officer, Secondary Education, Jamui within a maximum period of 60 days from the date of receipt/production of a copy of this order.

8. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U