Patna High CourtCWJC/24777/2013disposed

Ram Kishore Mishra v. The State Of Bihar And ORS

2018-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24777 of 2013 ====================================================== Ram Kishore Mishra Son Of Raj Dhar Mishra Resident Of Village & P.O. Naokothi, Police Station - Bakhari, District - Begusarai, Retired While Working As An Assistant Teacher From Govt. Primary School - Begumpur, Anchal - Naokothi, District - Begusarai ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna

3. The Principal Secretary, Finance Department, Govt. Of Bihar, Patna

4. The Deputy Secretary Finance (Pay Fixation) Department , Government Of Bihar, Patna

5. The Director, Primary Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Begusarai

8. The District Education Officer, Begusarai

9. The District Programme Officer (Establishment), Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster Cum Drawing And Disbursing Officer Govt. Primary School - Begumpur, Anchal - Naokothi, District - Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the State :

Mr. Mirtunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 17-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This writ petition was filed on 11.12.2013 with two advance copies to the office of the Advocate General. Unfortunately, even after five years the respondents have not filed any counter affidavit.

Learned counsel for the petitioner submits that the present writ petition is covered by the orders of this Court dated 1.5.1995 passed in CWJC No. 3633 of 1994 and 02.07.2009 passed in CWJC No. 13615 of 2001 as contained in Annexures- 4

Patna High Court CWJC No.24777 of 2013 dt.17-09-2018 2/2 and 5 respectively. Counsel further submits that the petitioner has filed representation addressed to the District Programme Officer (Establishment) Begusarai on 18.6.2012, which has not been disposed of as yet.

Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer (Establishment) Begusarai to examine the case of the petitioner and if the case of the petitioner is covered by the orders Annexures- 4 and 5, necessary order may be passed by the respondents on the representation of the petitioner. It is clarified here that while taking decision the District Programme Officer (Establishment) Begusarai is required to obtain approval of the Director, Primary Education while granting consequential benefits to the petitioner. Final decision in this regard must be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.09.2018 Transmission Date