Bibhuti Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5730 of 2020 ====================================================== Bibhuti Kumar Thakur, male, aged about 51 years, Son of Late Bhawanand Thakur, resident of Village- Dhamdaha, Post- Dhamdaha, Police StationDhamdaha, District- Purnia. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Government of Bihar, Patna. 3.

The Deputy Director, Secondary Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Verma, Adv.

For the State :

Mr. Ram Vinay Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-01-2022 Heard Mr. Santosh Kumar Verma, the learned Advocate for the petitioner and Mr. Ram Vinay Prasad Singh, the learned counsel for the State.

2. The petitioner seeks a direction to the respondents for granting recognition/approval to his services as Night Guard in the Project Girls School as also for settingaside the order passed by the Director, Secondary Education,

Patna High Court CWJC No.5730 of 2020 dt.29-01-2022 2/3 Govt. of Bihar, Patna, dated 11.11.2019, whereby his claim has been rejected.

3. It appears from the order impugned that the petitioner claims to have been engaged on the post of Night Guard in the year 1985, but the records revealed that no such post was sanctioned in the year 1985, which would entitle the petitioner to seek recognition/approval of his services.

4. It further appears that two posts of Peons were available against which two persons were engaged and their services have been confirmed.

5. In this view of the matter, no order can be passed directing the respondent authorities to confirm the services of the petitioner, notwithstanding the fact that he has been rendering his services for the last ten years without any complaint from any quarter whatsoever.

6. After having heard the aforesaid view of the Court, the counsel for the petitioner seeks permission to withdraw this petition in order to pursue his remedies before the respondent authorities for a sympathetic consideration

Patna High Court CWJC No.5730 of 2020 dt.29-01-2022 3/3 on his claim as many posts are vacant.

7. The prayer for withdrawing this case is acceded to.

8. The petitioner would be at liberty to pursue his remedies before the government/respondent authorities for the needful.

9. The petition stands disposed off as withdraw accordingly.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.02.2022 Transmission Date N/A