Shiva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6924 of 2022 ====================================================== Shiva S/o Uday Paswan Resident of Village- Bigharauli, P.S.- Tisiauta, District- Vaishali.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Higher Education, Patna, Bihar. 3.

The District Magistrate, Madhubani.

4.

Block Education Officer, Madhubani, Bihar.

5.

District Education Officer, Madhubani, Bihar. 6.

District Programme Officer, Madhubani.

7.

Dy. Development Commissioner cum Chief Executive Officer, Zila Parishad, Madhubani, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Vijaya Laxmi Srivastwa, Advocate For the Respondent/s :

Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to make correction in the name of respondent no.7 as Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Madhubani in course of the day.

From the counter affidavit filed on behalf of the respondent no.5, it appears that the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Madhubani has vide his order contained in memo no.603 dated 19.09.2022 directed the petitioner to immediately join at previously posted school.

Patna High Court CWJC No.6924 of 2022(5) dt.12-09-2023 2/2 Learned counsel for the petitioner submits that the petitioner has already joined there, but till date the order revoking the suspension has not been issued. It is also the grievance of the petitioner that he is not being paid his salary. In view of the statements present in the counter affidavit, since this Court finds that the Deputy Development Commissioner-cum-Chief Executive Officer (Zila Parishad) Madhubani has already ordered the petitioner to join at his previously posted school, this Court directs the respondent no.7 to issue the order revoking suspension of the petitioner within a period of one week from the date of receipt/production of a copy of this order. The petitioner shall be paid his salary and other emoluments for the period he would be working in the school after submitting his joining.

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