Patna High CourtCWJC/8076/2013dismissed

Kamleshwari Thakur v. The State Of Bihar And ORS

2016-05-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8076 of 2013 =========================================================== Kamleshwari Thakur S/O Late Dhukharn Thakur, R/O Village- Hasanpur, PostRampur (Rajwa), P.S- Hanspur, Distt- Samastipur. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principle Secretory, Human Resources Development Department, Govt. Of Bihar, Patna.

2. Principle Secretary, Human Resources Development Department, Govt. Of Bihar, Patna.

3. The Director, Primary Education, Govt. Of Bihar, Patna.

4. The Regional Deputy Director Of Education, Munger Division, Munger.

5. The District Education Officer, Munger, District- Munger.

6. The District Programme Officer (Establishment), Munger, District- Munger.

7. The District Welfare Officer, Munger, District- Munger. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Ranjan, Adv. For the Respondent/s : Mr. Kinkar Kumar, S.C.-27 Mr. Mahboob Ashraf, AC to SC-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 16-05-2016 Heard learned counsel for the parties.

Admittedly the petitioner has entered into service on the post of Assistant Teacher in the Adiwasi Lower Primary School, Munger in the Government of Bihar vide letter dated 9.2.1976. Admittedly, the petitioner never passed the training examination. Explanation has been given that he was never sent for training. This argument is not acceptable to this Court. Unless a person has a requisite qualification, he cannot claim matric trained pay-scale and so much so that this writ petition has been filed after much delay. This

Patna High Court CWJC No.8076 of 2013 dt.16-05-2016 Court cannot entertain such a stale claim of the petitioner. With the aforementioned observation, this application is dismissed.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.5.2016 Transmission Date