Ashram Foundation v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14557 of 2013 ======================================= Ashram Foundation having heard office at Shankar Colony, Behind Scholar Abode School, Ashiana Digha Road, Patna, through its Secretary Mr. Ujjwal Kumar, son of Shri Anjani Kumar Thakur Resident of Shankar Colony, Behind Scholar Abode School, Ashiana Digha Road, Patna ... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna

3. The State Project Director, Bihar Educational Project Council, Sarva Shiksha Abhiyan, Rajbhasha Parishad, Saidpur, Patna.

4. The District Education Officer, Katihar, Bihar

5. Rajni Kant Praveen, District Programme Officer Sarva Siksha Abhiyan, Katihar, Bihar

6. District Programme Officer (Planning and Accounts), Education Department, Katihar

7. Executive Engineer, Sarva Siksha Abhiyan, Katihar

8. Block Education Officer, Korha, Katihar

9. Block Education Officer, Falka, Katihar 10.Block Education Officer, Barari, Katihar ... ... Respondents ======================================= Appearance :

For the Petitioner/s :

Mr.Aditya Prakash Sahay For the Respondent/s :

Mr.Avnish Nandan Sinha ======================================= CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel representing the Bihar Education Project Council, Sarva Shiksha Abhiyan, Patna.

Learned counsel for the petitioner submits that in

Patna High Court CWJC No.14557 of 2013(2) dt.30-01-2019 2/3 the present writ application a limited prayer is being made for a direction to the respondent authorities to consider the claim of the petitioner on the basis of the materials available on the record, consider the same and take an appropriate decision thereon within a reasonable time. Learned counsel submits that petitioner is entitled to get payment of Rs. 13,27,192/- but the same has not been paid due to lack of funds.

Learned counsel has relied upon the inquiry report dated 08.01.2013 available on the record as Annexure-5 to the writ application.

Learned counsel representing the Bihar Education Project (Respondent no. 5) submits that the grievance of the petitioner shall be considered by District Programme Officer (Sarva Shiksha Abhiyan), Bihar Education Project, Katihar within a period of two months from today and appropriate decision thereon shall be taken which will be communicated to the petitioner.

This court makes it clear that the District Programme Officer (Sarva Shiksha Abhiyan), Bihar

Patna High Court CWJC No.14557 of 2013(2) dt.30-01-2019 3/3 Education Project, Katihar must examine the claim of the petitioner within the aforesaid period of two months, and in case any admissible amount is found payable, the same should also be paid within the given period. In case, the claim of the petitioner is not found genuine and is not payable, he will pass a reasoned order on the claim of the petitioner which will be communicated to him within the given period hereinabove.

This writ application is disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U