← Library
Patna High CourtCWJC/3333/2023disposed

Arjun Kumar v. The State Of Bihar

2023-06-19Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3333 of 2023 ====================================================== Arjun Kumar, Son of Jagdish Sharma Being the Headmaster of Rajlakshmi Girls Middle School Arbanna Chakla, P.O.- Maldih, P.S.- Barhara Kothi, District- Purnea, resident of Village- Bhatgama Chakla, P.O.- Bhatgama, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Education Department, Bihar. 3.

The Director, Primary Education, Bihar, Patna. 4.

The Divisional Commissioner, Purnea.

5.

The District Magistrate, Purnea.

6.

The District Education Officer, Purnea.

7.

The District Programme Officer, (Establishment), Purnea. 8.

The District Inspectors of the School, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. Nishant Kumar Jha, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the State. Petitioner in the present case is aggrieved by and dissatisfied with the order as contained in memo no.06/2022 dated 13.12.2022 passed by the Director, Primary Education, Government of Bihar, Patna (Annexure- '14' to the writ application).

By the impugned order, it has been held that Rajlaxmi Kanya Madhya Vidyalaya, Arbanna Chakla, Purnea is a private school, therefore, the responsibility to pay the salary and post-

Patna High Court CWJC No.3333 of 2023(2) dt.19-06-2023 2/3 retiral dues of the teaching and non-teaching staffs of the said school would not lie with the State. The claim of the petitioner has, thus, been rejected.

Learned counsel for the petitioner submits that against the decision of the Director, Primary Education, the petitioner has represented before the Principal Secretary, Department of Education, Government of Bihar vide a representation contained in Annexure- '15' to the writ application. It is submitted that the representation dated 05.01.2023 (Annexure- '15') is still pending with the Department.

Learned counsel for the State submits that if any such representation is pending with the Department, an appropriate direction may be issued to the competent authority to consider the same and pass an appropriate order thereon. Having regard to the nature of the disputes pending with the Department, this Court directs the Additional Chief Secretary/Principal Secretary, Department of Education, Government of Bihar to look into the grievance of the petitioner, examine the same and take an appropriate decision thereon after considering the submissions of the petitioners as contained in his representation dated 05.01.2023 (Annexure- '15' to the writ application) within a period of four months from the date of

Patna High Court CWJC No.3333 of 2023(2) dt.19-06-2023 3/3 receipt/production of a copy of this order.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U