Subhash Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19009 of 2015 ====================================================== Subhash Sharma S/o Late Sidheshwar Sinha, resident of Hajipur Niwas by the side of S.K. Mahila College, P.S. Town and District- Jehanabad, Bihar804408 ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary Education Department, Government of Bihar, New Secretariat, Patna.

2.

Director, Primary Education, Government of Bihar, New Secretariat, Patna 3.

District Programme Officer Establishment, Jehanabad 4.

District Education Officer, Jehanabad 5.

Block Education Extension Officer, Ghosi North, District- Jehanabad 6.

Block Education Officer, Modanganj, P.s. Ghosi, District- Jehanabad 7.

Smt. Madhuri Kumari S/o Not known, Head Mistres cum drawing and disbursing Officer, Government Middle School, Bandhuganj, Block Bandhuganj, P.S. Ghosi, District- Jehanabad 8.

Bibhuti Bhushan Shankar S/o Late Rajendra Sharma, Assistant teacher upgraded Middle School, Charuri Modanganj, P.S.- Ghosi, DistrictJehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr.Manoj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2023 The present writ petition has been filed seeking the following relief:- "That the application is for issuance of writ in the nature Mandamus directing the respondents authorities to enquire as to whether the private respondent

Patna High Court CWJC No.19009 of 2015(2) dt.23-03-2023 2/3 Bibhuti Bhusan Shankar was appointed on compassionate ground with certain conditions and on fixed pay, and whether he has been paid his salaries in excess in conspiracy with some of the authorities, and whether his salaries were also increased without fulfilment of conditions, and he has been paid his full salary including the house allowance, D.A etc. illegally during his training period in a residential college, and whether he got increment and matric trained pay scale and other facilities from April 1993 most illegally as he passed teacher training in February 2008, and in this way, whether the private respondent has illegally received for about 15 years the matric trained pay scale which he was not entitled to and on inquiry further direction to the respondents authorities to recover all the excess public money paid to the private respondent along with interest."

Considering the nature of prayer made by the petitioner in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies,

Patna High Court CWJC No.19009 of 2015(2) dt.23-03-2023 3/3 as are otherwise available under the law.

Accordingly, the writ petition stands dismissed, however, with aforesaid liberty.

(Mohit Kumar Shah, J) kanchan/Saurav U