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Patna High CourtCWJC/8139/2021dismissed

Ashok Kumar Chaurasiya v. The State Of Bihar

2022-02-14Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8139 of 2021 ====================================================== 1.

Ashok Kumar Chaurasiya Son of Shri Dev Narayan Prasad Singh Resident of Mohalla- Hinduchakiya, Ward no. 11, Nagar panchayat, P.s.- Chakiya, District- East Champaran 2.

Prashant Kumar Son of Anand Krishna Singh Resident of village- Professor Colony, Ward no. 09, P.o.- Tarachakiya Nagar panchayat, P.s.- Chakiya, District- East Champaran 3.

Madan Prasad Son of Bhairolal Prasad Resident of Mohalla- Virta Chowk, Ward no. 1, Ghorasahan Dakshani, P.s.- Ghorasahan, P.o.- Ghorasahan, Dist.- East Champaran 4.

Sanjana Kumari Wife of Panchnand Singh Resident of village - Kotwali, P.o.- Amhara, P.s.- Kotwali, Dist.- Bhagalpur 5.

Abhijeet Mourya Son of Ramdeo Prasad Resident of village- Sultanganj, P.o.- Sultanganj, P.s.- Sultanganj, Distt.- Bhagalpur 6.

Rajiv Ranjan Singh Son of Ganesh Prasad Singh Resident of villageChandrawa, P.o.- Harnathpur, P.s.- Sajour, Dist.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Commissioner-cum-Secretary, Education Department, Government of Bihar, Patna 2.

The Principal Secretary, Education Department, Government of Bihar, Patna 3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 4.

The Director, Mass Education, Education Department, Government of Bihar, Patna 5.

The District Education Officer, East Champaran 6.

The District Education Officer, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Patna High Court CWJC No.8139 of 2021 dt.14-02-2022 2/3 In the instant petition, petitioners have prayed for the following relief/reliefs:

(a) For issuance of any appropriate writ/s especially in the nature of mandamus commanding and directing the respondents concerned to observe the petitioners on the post of Class-III and Class-IV under the respondents state as the petitioner are ex-instructor of non-formal educations on several grounds including that the state grounds including that the State Government ha decided to absorb the non-formal education supervisor on Class-III Post.

(b) For issuance of any appropriate writ/s, rule or directions as Your Lordships may deem fit and proper to the facts and circumstances of the case as well as for which the petitioners may be found entitled thereto.

Patna High Court CWJC No.8139 of 2021 dt.14-02-2022 3/3 In support of the aforesaid relief, there is no demand before the competent authority and also apprising the legal/statutory right.

Accordingly, the present petition stands 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 file a detailed representation alongwith the judicial pronouncements, if any, within a period of eight weeks from the date of receipt of this order. Thereafter, the competent authority is hereby directed to examine the petitioners' claim within a reasonable period of time.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2022 Transmission Date NA