Vishwanath Prasad Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19689 of 2016 ====================================================== Vishwanath Prasad Chaudhary Son of Late Kapildeo Chaudhary Resident of Village-Jai Nagar, P.S.-Chauradano, District East Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary Education Department, New Secretariat, Bailey Road, Patna

2. The Secretary, Bihar Intermediate Shiksha Parishad, Patna

3. The Chairman, Bihar School Examination Board, Budha Marg, Patna

4. The Director, Education Department, Bihar, Patna

5. The District Education Officer, East Champaran, Motihari

6. The Chairman, Sant Kabir Mahant Ram Khodawan Goswami College, Latihanwa, Chauradano, District East Champaran

7. The Secretary, S.M.R.G. College, Latihanwa, Chauradano, District-East Champaran

8. The Principal S.M.R.G. College, Latihanwa, Chauradano, District-East Champaran

9. Jai Kishore Prasad Yadav, Lecturer Son of Late Ramashish Rai, S.M.R.G. College, Latihanwa, Chauradano, District-East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Smt.Shilpa Singh-GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of appropriate writ or writs, Rule or direction especially in the nature of mandamus directing and commanding the respondents to put the name of petitioner at Serial No.1 as on the post of lecturer under the department of Psychology in S.M.R.G. College, Latihanwa, Chauradano, under the district of East Champaran as per his seniority and date of appointment than the private respondent No.9. The petitioner has further prayed for issuance of direction to

Patna High Court CWJC No.19689 of 2016(2) dt.20-02-2019 2/2 the respondents to provide monetary benefits of senior lecturer to the petitioner as per his continuation in service the date of joining i.e. 21.09.1987 and to keep the name of private respondent No.9 is below than the petitioner in the seniority list in the college in question. The petitioner had filed a representation before the Respondent No.3 i.e. The Chairman, Bihar School Examination Board, Budha Marg, Patna vide Annexure 11 series. The said representation is pending till date and no order has been passed by the Respondent No.3.

Considering the aforesaid facts, the petitioner is directed to file fresh application/representation before the Respondent No.3, who shall dispose of the application/representation of the petitioner in accordance with law within a period of three months from the date of filing of such application/representation.

If any adverse order is passed, the petitioner will be at liberty to prefer an application under the Bihar Grant Educational Institution Authority Rules, 2015.

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

(Sudhir Singh, J) Narendra/- U