Anil Kishore Singh Rasik v. The Bihar Education Project Council

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5359 of 2022 ====================================================== Anil Kishore Singh Rasik S/o Late Ram Niwash Singh, Vill and POMednipur, P.S.- Nashriganj, Distt- Rohtas, Bihar- 821310 ... ... Petitioner/s

Versus

1.

The Bihar Education Project Council, Shiksha Bhawan, Rastrabhasa Parishad, Saidpur, Rajendra Nagar, Patna- 800004 (Bihar) through the State Project Director 2.

The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rastrabhasa Parisar, Saidpur, Patna.

3.

The District Programme Officer, Bihar Education Project, Aurangabad, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

For the Respondent/s :

Mr. Girijish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-01-2023 Heard Mr. Dhananjay Kumar, learned counsel for the petitioner and Mr. Girijish Kumar, learned counsel for the Bihar Education Project Council which is an organization registered under the Societies Registration Act, 1860.

Learned counsel for the petitioner submits that petitioner is admittedly an employee of the said Society registered under the Societies Registration Act, 1860. He submits that petitioner was serving in the organization by virtue of the appointment letter and petitioner had resigned on 09.02.2012 after working of 13 years and 8 months as Assistant Resource Person, thereafter, according to Rules of Bihar Education Project Service Regulation, 1994 petitioner had made representation before respondent no.2 to pay his arrears.

Patna High Court CWJC No.5359 of 2022(4) dt.06-01-2023 2/2 Counter affidavit has been filed by respondent nos.1 & 2 submitting that in the year 2010 the said Bihar Education Project Council has framed its service conditions afresh under which only the petitioner is entitled for any relief.

In the above said circumstances, the petitioner is directed to represent afresh before the authority alongwith the order passed by this Court and the authority upon receiving the representation shall decide the claim of petitioner in accordance with the Bihar Education Project Service Regulation, 1994 which subsequently amended time to time and applicable upon the petitioner in accordance with law. The said representation shall be disposed of within a period of 60 days from the date of receiving of representation.

The respondent no.1, Council is also directed to make the payment of petitioner within 30 days thereafter. In case of non-payment of his admitted dues, 9% interest shall be charged at the admissible dues. With this direction, the writ application is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U