Akhilesh Kumar Choubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8129 of 2021 ====================================================== 1.
Akhilesh Kumar Choubey Son of Late Lakhu Dubey Resident of Village and Ward No. 3 Takiya, P.S. - Sasaram, District- Sasaram at Rohtas. 2.
Kanhaiya Prasad Son of Raj Bansh Prasad Resident of Village - Kudwa, P.S. Sasaram, District- Sasaram at Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar Through Chief Secretary, Old Secretariat, Patna 2.
The Principal Secretary, Department of Home Resources Development, Bihar, Patna 3.
The Principal Secretary, Department of Personal and Administrative Reforms, Patna 4.
The District Education Officer, Rohtas at Sasaram 5.
The Director, Madyamik Shiksha Vidyalaya, Department of Primary and Adult Education, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikalp For the Respondent/s :
Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
In the instant petition, petitioners have prayed for the following relief/reliefs:
For issuance of writ or writs, order or orders, direction or
Patna High Court CWJC No.8129 of 2021 dt.14-02-2022 2/3 directions to command upon the respondents and give direction and orders to respondents for appointment or consider sympathetically to the Anudeshak of the District and State of Bihar, who has been retrenched of non-formal Supervisor and nonformal Instructor and consequently of closure of scheme in the State of Bihar. The non-formal Supervisor was re-habitated pursuant to government policy decision dated 12.01.2010 but when it came to Instructor as per example, on-formal Instructor, they were high and dry and only then by instant writ proceeding of this writ and they were done work as nonformal Instructor and work for since 3 years from 01.04.1994 to 10.07.1997, and they have trained so direction and order may be given for adoption in above department or any other
Patna High Court CWJC No.8129 of 2021 dt.14-02-2022 3/3 department of the Supervisor.
The aforesaid relief is not supported by legal or vested right followed by demand before competent authority. Thus, the present petition is dismissed in the light of Apex Court decision in the case of Mani Subrat Jain Vs. State of Haryana reported in 1977 (1) SCC 486, reserving liberty to the petitioner to file detailed representation alongwith any material information so as to claim the relief sought in the present petition.
Such a representation be furnished within a period of 8 weeks from the date of receipt of the order. The competent authority is directed to examine the petitioners' representation at the earliest.
(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2022 Transmission Date NA