Smt.Daya Prasad @ Daya Srivast v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7060 of 2011 =========================================================== Smt.Daya Prasad @ Daya Srivastava, Wife of Sri Hari Mohan Prasad, Resident of Village Chhitauna, P.S. Bathua Bazar, District Gopalganj, at present working as Assistant Teacher in Manan Nagina Rai Project Girls High School, Kuchaikote, P.S. Kuchaikote, District Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary-cum-Commissioner, Department of Education, Government of Bihar, Patna.

2. The Director, Secondary Education, Government of Bihar, Patna.

3. The Deputy Director, Secondary Education, Government of Bihar, Patna.

4. The District Education Officer, Gopalganj. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Srivastava, Advocate Dr. Sumanth Bhardwaj, Advocate Ms. Rajani Gandha, Advocate For the State :

Mr. J.S. Arora, S.C.6 Mr. Neeraj Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 13-07-2016 The issue with regard to the number of sanctioned posts in the project school for the phase 1984-85 is no longer a matter of argument or dispute. Besides decisions earlier, the Court also has the privilege of a relatively recent order passed in a batch of writ applications numbered as CWJC No.10872 of 2010, decided on 22.05.2015 of which CWJC No.21970 of 2012 was also a part. The petitioner would be entitled to the benefit of regularization w.e.f. 01.01.1989.

There is no dispute with regard to the earlier recognition of service of the petitioner and her rightful claim and dues w.e.f.

Patna High Court CWJC No.7060 of 2011 dt.13-07-2016 2 / 2 25.01.2000.

The writ application, therefore, stands disposed of with an observation that the petitioner would derive benefit of recognition and regularization of her service as an Assistant Teacher in the project school, namely, Manan Nagina Rai Project Girls High School, Kuchaikote in the district of Gopalganj.

The respondent authorities would be well advised to work out the outstanding dues between 01.01.1989 to 24.01.2000 within a reasonable time frame and facilitate payment etc. thereof. (Ajay Kumar Tripathi, J.) SanjayKumar/- AFR/NAFR NAFR CAV DATE Uploading Date 15.07.2016 Transmission Date