Rafat Jahan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13114 of 2018 ====================================================== Rafat Jahan wife of Md. Ansar Ansari resident of Village - Pathanpura, P.S. - Sursand, District - Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Patna, Bihar.

2. The Director, Mass Education, Department of Education, Vikash Bhawan, Patna.

3. The District Magistrate, Sitamarhi.

4. The District Education Officer, Sitamarhi.

5. The District Programme Officer (Adultracy), Sitamarhi.

6. The Block Education Officer, Sursand, District - Sitamarhi.

7. Nek Mohammad Son of Md. Jakir resident of Village : Pathanpura, P.S. Sursand, District - Sitamarhi.

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

For the Petitioner/s :

Mr. Suresh Kumar Ishwar For the Respondent/s :

Mr. Kameshwar Kumar - Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard the parties.

Following reliefs have been sought for in paragraph 1(i), (ii) (iii), (iv) and (v) of the present application on behalf of the petitioner:

"1(i) For issuance of an appropriate writ, order, direction in the nature of Certiorari for quashing the impugned order passed by the respondent no. 5 vide Memo No. 29 dated 11.01.2016, as contained in Annexure-2 to this application, by which the respondents have appointed the Respondent No. 7 on the post of Talimi Markaj Swaim Sevak at Middle School, Adalpur under the Pathanpura Panchayat in Block Sursand in the District of

Patna High Court CWJC No.13114 of 2018(2) dt.19-07-2018 2/3 Sitamarhi, which is illegal and against the law. (ii)For issuance of an appropriate order, direction, writ in the nature of Mandamus to make appointment on the post of Talimi Markaj, Swaim Sevak at village Adalpur under the Pathanpura Panchayat in Block: Sursand for which the petitioner is fully entitled under the law.

(iii) For issuance of an appropriate writ, order or direction for commanding the respondents to make payment of salary to the petitioner from the date of her appointment on the post of Talimi Markaj, Swaim Sevak in the Middle School at Adalpur. (iv) For issuance of an appropriate writ, order or direction for commanding the respondent authorities to recover all the illegal payment on the basis of illegal appointment to the respondent no. 7 as Talimi Markaj Swaim Sevak, Middle School at Adalpur be recovered.

(v) For issuance of an appropriate writ or direction to the respondent authorities to enquire the entire appointment by the respondents on the post of Talimi Markaj Swaim Sevak in Gram Panchayat, Pathanpura, Block : Sursand, District : Sitamarhi."

It has been submitted on behalf of the petitioner that the representation made by the petitioner vide Annexure-3 to the

Patna High Court CWJC No.13114 of 2018(2) dt.19-07-2018 3/3 present application is still pending before respondent no. 4. The respondent no. 4 is directed to disposed of the representation of the petitioner in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U