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Patna High CourtCWJC/6704/2023disposed

Shashi Bhushan Prasad Srivastava v. The State Of Bihar

2024-11-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6704 of 2023 ====================================================== Shashi Bhushan Prasad Srivastava son of Late Haradeo Prasad Srivastava, Resident of Village-Jaysinghpur Tola, Madhopur, P.S.-Turkaulia, District-East Champaran ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Deputy Secretary Department of Education, Bihar, Patna. 4.

The Director, Secondary Education, Budh Marg, Patna (Bihar). 5.

The Deputy Director, Secondary Education, Government of Bihar, Patna. 6.

The Regional Deputy Director of Education, Muzaffarpur. 7.

The District Education Officer, East Champaran at Motihari. 8.

The Principal, J.S.K. Project Girls High School, Turkaulia, District-East Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Satish Chandra Mishra, Advocate For the Respondents :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and the State.

2. Writ petition has been filed for a direction to the respondents to approve the services of the petitioner with all consequential benefits with effect from 16.01.1991 after quashing the impugned Letter 597 P dated 22.07.2008 issued by the then Director, Secondary Education, Bihar, Patna whereby and where under the services of the Petitioner has not been approved for the reason that he was appointed after 04.02.1989 as the petitioner was appointed in the J.S.K. Project Girls High School, Turkaulia, District-East Champaran 08.01.1991 as

Patna High Court CWJC No.6704 of 2023(2) dt.14-11-2024 2/3 Assistant Teacher and gave his joining in the school on 16.01.1991 on the post of Science Teacher being Science Graduate Trained Teacher (B.Ed.).

3. At the outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by judgment of this Court dated 14.9.2018 passed in C.W.J.C.No. 17284/2011 and judgment dated 30.11.2018, passed in C.W.J.C.No. 14272 of 2014, against which appeal of the State has been dismissed vide order dated 30.8.2024, passed in LPA No.1438 and 345 of 2019. Learned counsel submits that the petitioner may be granted liberty to file a representation before respondent no.3 for redressal of his grievances in the light of the aforesaid order of this Court.

4. In view of the nature of prayer made by learned counsel for the petitioner, let the petitioner file such application before respondent no.3 enclosing the documents in support of his claim within a period of six weeks from today.

5. In the event, such application is filed, respondent no.3 shall look into the matter and dispose of the same by a reasoned and speaking order in accordance with law as also in view of aforesaid orders after hearing the parties, preferably within a period of six weeks thereafter.

Patna High Court CWJC No.6704 of 2023(2) dt.14-11-2024 3/3

6. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) shashi/- U