Sudhakar Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 2348 of 2015 =========================================================== Sudhakar Kumar, Son of Late Madhwanand Singh, resident of Village - Murlichandwa, P.S. Udakishunganj, District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar, Patna.
3. The Director, Primary Education, Department of Education, Government of Bihar, Patna.
4. The District Magistrate, Madhepura.
5. The District Programme Officer ( Establishment ), Madhepura.
6. The Block Development Officer, Block Udakishunganj, District Madhepura. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Kumar Jha, Advocate Mr. Sashi Priya Pathak, Advocate Ms. Preety Kunwar, Advocate Mr. Shubham Jha, Advocate For the Respondent/s :
Mr. Raju Giri, G.P. 30 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 07-02-2018 Heard learned counsel for the petitioner and the State.
2. The petitioner has moved the Court for the following reliefs:
"a. Issuance of an order, direction or writ in the nature of mandamus directing the respondents to appoint the petitioners on the post of Assistant Teacher in regular Pay scale with all consequential benefits from the date of his initial appointment as a fixed honorarium.
b. Issuance of an order, direction or writ in the nature of mandamus directing the respondents to pay the arrears of salary on the basis of regular pay scale from the date of his initial appointment, after converting his service as a Assistant Teacher in regular pay scale.
c. Any other relief or releifs to which the
Patna High Court CWJC No.2348 of 2015 dt.07-02-2018 2/3 petitioner may be found entitled to in the facts and circumstances of this case."
3. Learned counsel for the petitioner submitted that the issue involved as to whether the wards of teachers who die in harness shall be governned in terms of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, which came into force with effect from 01.07.2006 that henceforth appointment on compassionate ground can only be on the post of contractual teachers, has been settled by the Hon'ble Supreme Court in the case of Mukesh v. State of Bihar reported as (2017) 5 SCC 383, wherein at paragraph no. 6, liberty has been granted to the wards of such persons who died in harness after 01.07.2016 to approach the State Government for suitable relief in terms of the order passed in Rajiv Ranvijay Kumar v. State of Bihar. He submitted that the present writ petition be also disposed off with similar liberty.
4. Learned counsel for the State submitted that he has no objection if the petitioner approaches the authority who shall consider the matter.
5. In view thereof, the writ petition stands disposed off with liberty aforesaid.
6. Since the father of the petitioner died in the year 2006, i.e., more than a decade back, the Court deems it appropriate to direct the authorities concerned to consider and dispose off the
Patna High Court CWJC No.2348 of 2015 dt.07-02-2018 3/3 representation of the petitioner by a reasoned order expeditiously and latest within a period of four months from the date of production of a copy of this order before the respondent no. 5. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U