Smt.Ram Viveki Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8559 of 2012 =========================================================== Smt. Ram Viveki Kumari Wife of Shri Rakesh Kumar Singh, Daughter of Late Raj Kishore Thakur, Resident of Village-Kanhma, P.S.-Bela, District-Sitamarhi At Present Block Teacher (Trained), Middle School, Kanhma, Under Block Parihar, District-Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department of Human Resource Development, Government of Bihar, Vikas Bhawan, Patna

3. The Director, Primary Education, Department of Human Resources Development, Government of Bihar, Vikas Bhawan, Patna

4. The District Education Officer, Sitamarhi

5. The District Programme Officer (Establishment), Sitamarhi

6. The Block Education Officer, Parihar, Sitamarhi

7. The Block Education Establishment Committee through its Secretary, Block Education Officer, Parihar, Sitamarhi

8. The Block Pramukh-Cum-Chairman, Block Education Establishment Committee, Parihar, Sitamarhi

9. Kishori Prasad Sah Son Of Uttim Sah Resident Of Village + P.O.-Bela Machchu Pakoni, Via-Parihar, P.S.-Bela, District-Sitamarhi At Present Assistant Teacher, Middle School, Kanhma, District-Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Bishnu Kant Dubey, Advocate For the State : Mr. Ashok Kumar Dubey, AC to AAG-11 For Respondent No.9 : Mr. Rajendra Prasad, Senior Advocate Mr. Ritesh Kumar, Advocate Mr. Pramod Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT Date: 23-06-2017 The present application has been filed for quashing of the Memo No.279 dated 05.03.2012 (Annexure-2) to the present writ application, which was issued by the Block Education Officer, Parihar, whereby the Respondent No.9, being treated to be senior to the petitioner on the basis of the pay scale, had been authorized as

Patna High Court CWJC No.8559 of 2012 dt.23-06-2017 2/2 Incharge Headmaster of the School and for the said reason the petitioner was directed to hand over the charge as a Incharge Headmaster to the Respondent No.9.

On behalf of the Respondent No.9, it has been submitted that the Respondent No.9 has already retired from service as back as in the year 2013. Hence, no substantive relief can be granted to the petitioner.

Taking into account the said fact, the present application has become infructuous.

Hence, the writ application is dismissed as having become infructuous.

(Sudhir Singh, J) Narendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.06.2017 Transmission Date NA