Khalid Nadeem Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10303 of 2019 ====================================================== Khalid Nadeem Khan S/o Gulam Gaji Khan Resident of Muhalla- Kalibag, P.S.- Bettiah, Town, District- West Champaran. ... ... 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, Bihar, Patna. 4.

The Collector - Cum- District Magistrate-cum- Chairman District Establishment Committee, West Champaran at Bettiah. 5.

The District Education Officer West Champaran, Bettiah. 6.

The District Programme Officer, Establishment West Champaran, Bettiah. 7.

The Block Development Officer Bettiah Block, Bettiah, West Champaran. 8.

The Block Education Officer Bettiah Block, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2019 The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a judgment rendered by the Hon'ble Apex Court dated 03.04.2017 passed in Civil Appeal no. 4776-4777 of 2017 (Mukesh & Another v. State of Bihar and Others), hence similar benefits be granted to the petitioner herein.

Per contra, the learned counsel for the respondents submits that the District Programme Officer (Establishment), West Champaran, Bettiah shall consider the case of the

Patna High Court CWJC No.10303 of 2019(2) dt.08-05-2019 2/2 petitioner in light of the aforesaid judgment of the Hon'ble Apex Court.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the petitioner to file a representation before the respondent no. 6 within a period of four weeks from today and the respondent no. 6 shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter and in case, the case of the petitioner is found similar to that of the Appellants of the aforesaid judgment dated 03.04.2017, similar relief would be granted to the petitioner herein within a period of six weeks therefrom. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U