Madhu Raushan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22313 of 2014 ====================================================== Madhu Raushan W/o Ghanshyam Murari Resident of village- Baghi Shanti Sah Chowk, P.S. - Nagar Town, Begusarai District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director , Primary Education ,Department of Education Vikash Bhawan , Patna.

3.

The District Education Officer, Begusarai.

4.

The Distirct Programme Officer Establishment, Begusarai. 5.

The Block Education Officer, Baliya, District- Begusarai. 6.

The Incharge Head Master, Middle School, Hasanpur, Block Baliya, District- Begusarai.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Advocate :

Mr. Bishnu Kant Dubey, Advocate For the Respondent/s :

Mr. Rajeshwar Singh, GA-10 :

Mr. Jitendra Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at the present stage itself.

3. The petitioner in the present writ application has prayed for the grant of following reliefs:- "That this is an application for issuance of a writ in the nature of mandamus directing and commanding the respondents particularly respondent Head

2/4 Master, Middle School, Hasanpur to accept the joining of the petitioner w.e.f.

27.01.2014 and thereafter relieve the petitioner for joining in transferred school i.e. middle school Matun Roi under the Block Shahepur Kamal since by the order dated 31.12.2013 the petitioner has been transferred but despite her repeated request is not being relieved as also to make payment of salary from the month of January, 2013 which is not being paid without any rhyme and reason and/or for issuance of order/orders, a writ/writs, for direction/directions which the petitioner may be found legally entitled to under the facts and circumstances stated here-inunder."

4. Learned counsel for the petitioner submits that for claiming the aforesaid relief, long back the petitioner had filed a representation before the Distirct Programme Officer Establishment, Begusarai (Respondent No. 4) dated 25.11.2014 (Annexure-10) and the same continues to be pending. Learned counsel for the petitioner submits that the petitioner would be

3/4 satisfied if an appropriate direction could be issued to the Distirct Programme Officer Establishment, Begusarai (Respondent No. 4) to dispose of his representation on merit within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To this prayer being made by the learned counsel for the petitioner, the learned counsel for the Respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by the learned counsel for the petitioner, this writ application is disposed of directing the Distirct Programme Officer Establishment, Begusarai (Respondent No. 4) to dispose of the pending representation of the petitioner dated 25.11.2014 (Annexure-10) within a period of three months from the date of receipt/production of a copy of this order after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Distirct Programme Officer Establishment, Begusarai (Respondent No.

4) should be a reasoned and speaking order. It is further made clear that in case the petitioner is found entilted to the relief which the petitioner would be claiming through the representation then the same should be extended to the

4/4 petitioner within three months from the date of passing of the final order by the authority concerned.

7. With the aforesaid observation and direction, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U