Samir Abhishek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12575 of 2021 ====================================================== Samir Abhishek S/o Sri Prakash Chandra Mishra, Resident of Mohalla-Road No. 5 Laxmisagar, Chapki Padari, P.S.-LNMU Campus, District-Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Joint Secretary, Government of Bihar, Patna. 4.

The Director, Secondary Education, Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar Thakur For the State :

Mr.Ms.Namrata Singh, AC to Ex G.A.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner has filed the present writ application for the following relief/s:- "(i) For direction to the respondent no.2 to make necessary amendment in rule 3(X) of Bihar Nagar Nikay/Zila Parishad Madhyamik and Ucchatar Madhyamik Shikshak (Recruitment and Service Condition) Rules, 2008 incorporating the post of librarian in the category of Government contained in Memo No.11 dated 3.12.20213 in addition to the assigned function of maintenance and management of library so that the petitioner could get all the consequential benefits at par with the teacher.

Patna High Court CWJC No.12575 of 2021 dt.07-03-2024 2/2 (ii) Alternatively, the respondent authority may be directed to dispose of the representation filed by the petitioner on 16.01.2019, 06.02.2020 and 05.02.2021 and the same is still pending for final decision."

2.

Learned counsel for the petitioner submits that the petitioner has filed a detailed representation before the respondent no.2 but till date, the representation of the petitioner has not been disposed of.

3.

Considering this fact, the Principal Secretary/Additional Chief Secretary, Education Department, Government of Bihar, Patna (respondent no.2) is directed to dispose of the representation of the petitioner after personally hearing him or his counsel within a period of six weeks from today. 4.

Needless to say that, if the representation of the petitioner is not disposed of within the stipulated period, the respondent no.2 shall be personally held liable for non-compliance of the order of this Court.

(Anjani Kumar Sharan, J) pallavi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.03.2024 Transmission Date N.A.