Md. Imran Anzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5922 of 2020 ====================================================== Md. Imran Anzar Son of Motiur Rahman, Resident of Village and P.O.- Masarh, P.S. Udwant Nagar, District-Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Vikash Bhawan, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, Patna.

3.

The Director Primary Education Department, Govt. of Bihar, Vikash Bhawan, Patna.

4.

The District Magistrate, Bhojpur at Ara.

5.

The District Education Officer, Bhojpur at Ara. 6.

The District Programme Officer (Establishment), Bhojpur at Ara. 7.

The Block Development Officer-cum-Member Secretary-cum-District Appointment Unit, Ara Sadar, District-Bhojpur at Ara. 8.

The Block Education Officer, Ara Sadar, District-Bhojpur at Ara. 9.

The Head Master, Up-graded Middle School, Ganauli, Ara Mufasil (South), District-Bhojpur at Ara.

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

For the Petitioner/s :

Mr.Shankar Kumar, Adv.

For the Respondent/s :

Mr.Madhaw Pd. Yadaw (G.P. 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2022 Heard Mr. Shankar Kumar, the learned counsel for the petitioner and Mr. Madhaw Prasad Yadav, learned G.P. -23 for the State.

The petitioner has prayed for confirming his services from the date of his joining i.e. w.e.f. 18.12.2015 on the post of Block Teacher in Upgraded Middle School Ganauri in the district of Arah and consequently for payment

Patna High Court CWJC No.5922 of 2020(2) dt.27-01-2022 2/3 of the entire salary which is due to him from the date of his joining.

It has been submitted that pursuant to the advertisement no. 1769 dated 24.11.2014, the petitioner was appointed as a Block Teacher (Urdu) and on directions, he submitted his joining before the Headmaster of the aforesaid school. However, the Headmaster sent the joining of the petitioner along with other documents for its confirmation but till date the services of the petitioner has not been confirmed, notwithstanding its endorsement by the other authorities, namely, Block Development Officer and the District Education Officer.

Aggrieved by all this, the petitioner has represented before the Director, Primary Education, Govt. of Bihar but to no avail. Photocopies of the representations preferred by the petitioner before the Director, Primary Education have been brought on record by way of annexure -7 series.

This Court fails to understand as to why the services of the petitioner has not yet been confirmed. The

Patna High Court CWJC No.5922 of 2020(2) dt.27-01-2022 3/3 situation has further been confounded because the representation preferred by the petitioner has not been adverted to even till today by the concerned respondent. Under the aforesaid circumstances, this Court directs the Director, Primary Education (respondent no. 3) to dispose of the representation preferred by the petitioner within a period of six weeks by a reasoned order and if there is no impediment in confirmation of the services of the petitioner, a direction must be issued for passing necessary sequel order towards the confirmation of the service of the petitioner.

The petitioner shall, within a period of one week, bring to the notice of the Director, Primary Education, Govt. of Bihar a copy of this order for the needful. The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) sunilkumar/- U