Rajeshwar Prasad Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6287 of 2020 ====================================================== Rajeshwar Prasad Ray S/o Ramdayal Ray R/o Village Sathiouta, P.O. Sathiouta, P.S. Sahtha, Distt- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Commissioner cum Secretary, Department of Education, Govt. of Bihar, New Secretariat, Bihar, Patna. 2.
The District Magistrate, West Champaran.
3.
The District Magistrate, West Champaran.
4.
The District Education Officer, West Champaran. 5.
The District Programme Officer (Establishment), West Champaran. 6.
The Block Education Officer, Ramnagar, West Champaran. 7.
The Drawing and Dispersing Officer, Govt. Pravati Girls Middle School, Ramnagar, West Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar For the Respondent/s :
Mr. Jitendra Kumar Roy1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-05-2024 .Re:- I.A. No.1 of 2022 The present I.A. No.01/2022 has been filed on behalf of the petitioner to add the additional reliefs as mentioned in paragraph-1 of this application.
Having heard learned counsel for the parties, as the present Interlocutory Application being formal in nature, is not opposed, and hence is allowed.
The Registry is directed to add the additional prayer made in paragraph 1 of the present petition to the prayer portion of the
Patna High Court CWJC No.6287 of 2020 dt.15-05-2024 2/3 main writ petition.
Accordingly, I.A. No.1/2022 is hereby stands disposed of. Re:- C.W.J.C. No.6287 of 2020 Heard learned counsel for the parties.
2.
Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed by this Court in L.P.A. No.1254 of 2016 and analogous cases. 3.
Considering the aforesaid facts, since the case of the petitioner stand on similar footings to that of the petitioners of L.P.A. No.1254 of 2016, there is no requirement to keep pending the present writ application.
4.
Accordingly, petitioner is directed to file a detailed representation along with a copy of the order passed in L.P.A. No.1254 of 2016, before the respondent no.5 within a period of four weeks and the respondent no.5 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 and in light of the order passed in L.P.A. No.1254 of 2016 within ten weeks from the date of filing of such representation by the petitioner.
5.
It is made clear that respondent no.5 shall be personally
Patna High Court CWJC No.6287 of 2020 dt.15-05-2024 3/3 held responsible for non-compliance of this order. 6.
The memo no.856 dated 18.03.2020 issued by the District Education Officer, West Champaran, is hereby quashed and petitioner shall be entitled to get all the consequential benefits. 7.
With the aforesaid directions, this writ application stands disposed of.
(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2024 Transmission Date NA