Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6757 of 2024 ====================================================== Vivek Kumar S/o Sri Yogendra Yadav Resident of Village- Ward no 15, Jaipal Patti, P.O. and P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

1.

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

The Director Primary Education Education Departemnt, Govt. of Bihar, Patna 3.

The District Magistrate Madhepura 4.

The District Education Officer Madhepura.

5.

The District Programme Officer (Establishment) Madhepura. 6.

The Block Education Officer Madhepura.

7.

The Panchayat Secretary Panchayat Education Employment Unit Manikpur, District- Madhepura.

8.

The Headmaster Upgraded Middle School Indra Awas Mathahi Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujeet Kumar, Adv.

For the Respondent/s :

Mr. Prabhakar Jha, GP27 Mr. Shankar Kumar Thakur, AC to GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondents.

2. The present writ petition has been filed seeking the following reliefs:

"For issuance of writ/writs in the nature of mandamus for commanding and directing the Respondent Authorities to accept his joining in the upgraded Middle School Indra Awass Mathahi in compliance of memo no. 668, dated 15.12.2023 issued by the Block Education officer whereby and whereunder the Respondent no.6 cancel the deputation of teachers who deputed in another school and directed to all deputed Teacher to join the school in which they initially

Patna High Court CWJC No.6757 of 2024(2) dt.02-05-2024 2/3 appointed. And for other relief/s for which the petitioner is entitled to."

3. The case of the petitioner, in brief, is that in view of letter no. 38 dated 15.01.2015 issued by the competent authority, the petitioner has been employed as Primary Teacher in Middle School, Hanuman Nagar, Chaura, Madhepura. Thereafter, by a Memo no. 526 dated 20.07.2015, issued by the respondent no. 6, the petitioner has been adjusted in newly upgraded Middle School Indra Awas, Mathahi. After joining, the petitioner has been deputed in Primary School, Shripur Uttarwari, Madhepura from 31.03.2016. Thereafter, a Memo no. 668 dated 05.12.2023 was issued by District Block Education Officer, Madhepura, by which all the deputation was cancelled and directed all the deputed persons to join the school in which they initially appointed.

4. In compliance of memo no. 668 dated 05.12.2023, the petitioner went to school i.e. Uttarkarmit Madhamik School, Madhepura to submit his joining but the Principal has not accepted his joining. Being aggrieved by the act of the Principal, the petitioner approached to the District Programme Officer, Establishment, Madhepura and Block Education Officer, Madhepura on 13.01.2024, 05.02.2024, and 05.03.2024 for his grievance. But till date the competent authorities have not taken

Patna High Court CWJC No.6757 of 2024(2) dt.02-05-2024 3/3 any decision on the application given by the petitioner.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, I deem it fit to direct respondent no. 5 to comply with Memo No. 668 dated 15.12.2023 within fifteen days from the date of receipt/production of a copy of this order.

6. It is made clear that the respondent no. 5 shall be liable for non-compliance of this order within the stipulated period.

7. With the aforesaid direction, the writ application stands disposed of.

Anjani Kumar Sharan, J) anand/- U