Ram Bachan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4163 of 2022 ====================================================== Ram Bachan Singh Son of Ram Kumar Singh Resident of Village- Jhawan, Post Office- Benwalia, Police Station- Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Bihar Sanskrit Siksha Board, Patna, Bihar 3.

The Chairman, Bihar Sanskrit Siksha Board, Patna, Bihar 4.

The Secretary, Bihar Sanskrit Siksha Board, Patna, Bihar 5.

The District Magistrate, Bhojpur, Arrah.

6.

The District Education Officer, Bhojpur, Arrah. 7.

The Head Master, Chandrika Das Sanskrit High School, Dhaori, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Singh For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) For the BSSB :

Mr. Shashank Shekhar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2025 Heard learned counsels for the parties.

2.

The present application has been filed on behalf of the petitioner to quash the letter dated 27.08.2021, under Letter No.2889, issued under the signature of Secretary, Bihar Sanskrit Education Board, Patna, by which representation of the petitioner for payment of arrear of salary from 25.10.1989 to 31.03.2002 has been rejected, and for a direction in the nature of mandamus commanding the respondent particularly Secretary, Bihar Sanskrit Shiksha Board to pay the arrear of salary from 25.10.1989 to 31.03.2002, with applicable rate of interest and

Patna High Court CWJC No.4163 of 2022(5) dt.06-02-2025 2/3 for further a direction to grant all other consequential benefits in terms thereof for which the petitioner is entitled for. 3.

Learned counsel for the petitioner submits that earlier the petitioner approached this Court in CWJC No.4077 of 2011, challenging letter dated 27.12.2010, under Memo No.3599, issued under the signature of Secretary, Bihar Sanskrit Shiksha Board. The aforesaid writ application was disposed of and the Memo No.3599 was set aside by this Court and petitioner was directed to file representation before Secretary, Bihar Sanskrit Shiksha Board and in case of refusal of the claim of the petitioner, the said order may be communicated to the petitioner assigning the reason for rejection. In compliance with the terms of the order passed in CWJC No.4077/2011, petitioner filed representation before the Secretary, Bihar Sanskrit Shiksha Board but without even giving any opportunity of hearing to the petitioner, Annexure-1 of the writ application has been passed by the Sanskrit Shiksha Board.

4.

Considering the submission made on behalf of the petitioner, I remit back the matter before respondent no.3. Petitioner is directed to file a detailed representation along with a copy of the present order and other supporting documents in his favour, before the respondent no.3 within a period of three

Patna High Court CWJC No.4163 of 2022(5) dt.06-02-2025 3/3 weeks and the respondent no.3 is well advised to consider the case of the petitioner and dispose of the representation of the petitioner after affording an opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within two months from the date of filing of such representation by the petitioner.

5.

It is made clear that respondent no.3 shall be personally held responsible for non-compliance of this order. 6.

The Annexure-1 of the writ application passed by the Secretary, Bihar Sanskrit Shiksha Board is hereby quashed. 7.

With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U