Satyendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6426 of 2023 ====================================================== Satyendra Prasad Son of Late Ramyash Singh Resident of Village-Bakhri Doa, Ward No. 8, P.S.-Goraul (O.P. Chehrakala), District-Vaishali, Presently Posted as Clerk at Ramchandra Higher Secondary School, Patepur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secreary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The Director, Higher Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 6.

The District Magistrate, Vaishali at Hajipur 7.

The District Education Officer, Vaishali at Hajipur. 8.

The District Programme Officer (Establishment), Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan, Adv.

For the Respondent/s :

Mr.Subhash Chandra Mishra (SC-16) Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.C. to Standing Counsel - 16.

2. This writ application has been filed for following reliefs:- i.) To issue an appropriate writ/order/direction in the nature of Mandamus thereby directing the respondent authorities to appoint the petitioner on the post of Assistant Teacher on the basis of compassionate appointment as was held in the minutes of meeting

Patna High Court CWJC No.6426 of 2023(2) dt.13-11-2024 2/3 dated 24.12.2003 by the District Magistrate, Vaishali at Hajipur;

ii.) To issue an appropriate writ/order/direction in the nature of Mandamus directing the respondent authorities to appoint the petitioner on a regular post in regular pay scale as the petitioner was to be appointed on the Assistant Teacher prior to 25.01.2006 but was rather appointed on the post of clerk;

iii.) To any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner requests for disposal of the writ petition with direction to respondent no. 5 / Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to dispose of his representation, which has been filed on 21.03.2023 (Annexure - 5 to the writ petition).

4. In view of limited prayer made on behalf of petitioner, this writ petition is disposed of directing the concerned respondent i.e. respondent no. 5 to examine the representation of petitioner (Annexure - 5) and pass a reasoned & speaking order after hearing the parties in accordance with law within a period of three months from the date of receipt / production of copy of this order.

5. With above observation and direction, the writ

Patna High Court CWJC No.6426 of 2023(2) dt.13-11-2024 3/3 petition stands disposed of.

(Prabhat Kumar Singh, J) anay U