Md. Nehal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9025 of 2021 ====================================================== Md. Nehal Son of Md. Rashid, resident of Urdu Mohalla, Chewara, P.S. - Chabra, District - Sheikhpura.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Commissioner, Munger Division, Munger.

4.

The District Magistrate, Sheikhpura.

5.

The Block Development Officer, Chewara, District - Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Mr. Arun Kumar For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for respondent nos. 1 to 5.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"For issuance of an appropriate writ/writs, order/orders and direction/directions to the

Patna High Court CWJC No.9025 of 2021 dt.16-02-2022 2/3 respondents to consider the name of the petitioner against the sanctioned vacant post of Class IV category under the office of respondent no.5 since the petitioner has been discharging his duty as sweeper of the office of the respondent no.5 since the 1996 without any interruption."

Perusal of the records, it is evident that petitioner has not submitted representation in respect of appointing him against the sanctioned post of Class IV category under the office of the respondent no.5. Further, it is learnt that the petitioner has not been paid salary. In this regard, petitioner pointed out Annexure-11 series application. In the light of these facts and circumstances, petitioner is at liberty to file representation for permanent appointment within a period of eight weeks from the date of receipt of this order. Insofar as payment of salary is concerned, respondent no.5 is hereby directed to examine Annexure-11 series and proceed to extend salary, if the petitioner is eligible. If he is not eligible, a necessary speaking order shall be passed and communicated to the him as to why the petitioner is not entitled to arrears of salary. Insofar as

Patna High Court CWJC No.9025 of 2021 dt.16-02-2022 3/3 consideration of appointment on permanent basis is concerned, respondent no.5 is hereby directed to decide the petitioner's representation to be submitted within a period of two months from the date of receipt of representation.

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.02.2022 Transmission Date NA