Koshlendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7135 of 1999 ====================================================== Koshlendra Prasad son of Sri Jagdish Prasad, resident of villageKewalbigha Ghang, P.S. Bakhtiyarpur, Dist.-Patna, at present Assistant Teacher, Project Girls High School, Harnaut, P.S. Harnaut, Dist.-Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Department of Secondary, Primary and Mass Education, Government of Bihar, Patna

3. The Director (Secondary Education)-cum-Special Secretary, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sagar Singh Mr. Mukesh Kumar Rana For the Respondent/s : Mr. (Gp1) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2017 The petitioner, in the present writ application, has sought for direction upon the respondents for quashing the order contained in Memo No.196 dated 26.02.1997, by which his claim for approval of his services and payment of salary has been rejected, on the ground of non-availability of post in Science group and further for directing the respondents to recognize the services of the petitioner as Assistant Teacher, in Project Girls High School, Harnaut and to pay arrears as well as current salary with effect from the date, on which the school in question, has been taken over under the Project School or at last with effect from 01.01.1989 along with other consequential benefits to the

Patna High Court CWJC No.7135 of 1999 (4) dt.11-10-2017 2/3 petitioner, for which, he is entitled to.

It has been submitted on behalf of the petitioner that the services of the petitioner has been taken over by the State Government under Project School Scheme. The petitioner was working in a School, which was being run by the Private Managing Committee. While taking over of the school, the services of the teaching and non-teaching staffs were also taken over against the sanctioned post by the State Government. The only dispute part of the relief sought for in the present application has already been redressed by the respondent during the pendency of the present writ application. Now the only issue that needs to be addressed is the date of recognition of services by the State Government.

Regarding the same, the petitioner has filed a separate writ application, hence the petitioner seeks permission to withdraw this writ application to pursue his grievance in respect to the reliefs sought for in C.W.J.C. No.7327 of 2017. The petitioner is permitted to withdraw the present writ application with liberty to pursue his grievance, sought for in the said writ application. The withdrawal of the present writ application shall not cause any prejudice to the petitioner, while persuing his reliefs, sought for, in the said writ application.

Patna High Court CWJC No.7135 of 1999 (4) dt.11-10-2017 3/3 present writ application stands disposed of.

(Sudhir Singh, J) Amit/- U