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Patna High CourtCWJC/7289/2015disposed

Nand Kishore Singh And ANR v. The State Of Bihar And ORS

2019-05-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7289 of 2015 ====================================================== 1.

Nand Kishore Singh and Anr Son of Late Harimohan Singh, resident of at Dumari, P.O.- Konar Hariharpur, P.S.- Khaira, District- Saran 2.

Amna Khatoon, wife of Shri Md. Noor Alam Ansari, resident of village P.O.- Nawada, P.S.- Barauli, District- Gopalganj ... ... Petitioners

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Government of Bihar, Patna 3.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna 4.

The Principal Secretary, Department of Education, Government of Bihar, Patna 5.

The Director, Department of Revenue, Government of Bihar, Patna 6.

The Director-cum-Additional Secretary, Non-Formal Education, Government of Bihar, Patna 7.

The Commissioner, Saran Division at Chapra 8.

The District Magistrate-cum-District Officer-cum-District Collector, Gopalganj 9.

The Additional Collector, Gopalganj 10.

The Deputy Collector Establishment, Gopalganj ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

M/s Rajesh Kumar Sharma, Shyama Kant Singh & Kanchan Mishra For the Respondent/s :

Mr. K.K.Singh, AC to GP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-05-2019 Heard learned Counsel for the petitioners and the learned Counsel for the respondent State.

It is submitted by petitioners' Counsel that being a Non Formal Supervisors the petitioners were absorbed in services of the respondents under decision dated 21.8.2010. It is claimed that the petitioner no. 1 joined on 5.4.2011 and petitioner no. 2 joined on 10.4.2011 which was accepted on 11.4.2011. He submits that even budgetary allocation was made

Patna High Court CWJC No.7289 of 2015(2) dt.07-05-2019 2/2 for payment of salary to the petitioners. However, since no order has been issued assigning posting to the petitioners they are not being paid their salary and they are unable to perform their duties. The petitioners have made their request for being issued posting orders before the District Magistrate Gopalganj. The petitioner no. 1 had made his application on 7.3.2015 and petitioner no. 2 has made her application on 26.9.2013. The said two applications are on record in the instant proceedings at Annexure 12 series.

Since the short issue raised by the petitioners' Counsel is that the District Magistrate be directed to dispose of the request of the petitioners, keeping the writ petition pending would serve no useful purpose.

In the circumstances, the writ petition is disposed of. The District Magistrate Gopalganj , respondent No. 8, is directed to dispose of the claims of the petitioners made in their above noted applications expeditiously and in accordance with law. Final decision should be taken by the District Magistrate within a period of four weeks from the date of receipt/production of a copy of this order.

The writ petition stands disposed of.

SNkumar/- (Madhuresh Prasad, J) U