← Library
Patna High CourtCWJC/6883/2019disposed

Hemalta Kumari v. The State Of Bihar

2019-04-08Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6883 of 2019 ====================================================== Hemalta Kumari D/O Late Ramakant Singh, wife of Sri Mantosh Kumar Singh, resident of village - Kelharua, P.O.- Chitakhal, P.S.- Guthani, DistrictSiwan. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Department of Primary Education, Government of Bihar, Patna.

3.

The District Magistrate- Siwan. Bihar 4.

The District Education Officer, Siwan.

5.

The District Programme Officer (Establishment), Siwan. 6.

The Block Education Officer, Jiradei Block, District - Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-04-2019 1.

The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a judgment rendered by the Hon'ble Apex Court dated 03.04.2017 passed in Civil Appeal no. 4776-4777 of 2017 (Mukesh & Another v. State of Bihar and Others).

2.

Per contra, the learned counsel for the respondents submits that the District Programme Officer (Establishment), Siwan shall consider the case of the petitioner in light of the aforesaid judgment of the Hon'ble Apex Court.

Patna High Court CWJC No.6883 of 2019 dt.08-04-2019 2/2 3.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the petitioner to file a representation before the respondent no. 5 within a period of four weeks from today and the respondent no. 5 shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter and in case, the case of the petitioner is found similar to that of the respondents of the aforesaid judgment dated 03.04.2017, similar relief would be granted to the petitioner herein within a period of six weeks therefrom. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2019 Transmission Date NA