Veena Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12154 of 2017 ====================================================== Veena Sinha Wife of Dr. Kamlesh Kumar, Resident of Village- Korbadha, Police Station- Mufassil in the district of Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

The District Education Officer, Samastipur.

4.

Mr. Ved Narayan Roy, Son of Late Ram Khelawan Roy, Resident of Mohalla- New Colony, Dharampur, Ward No.3, Samastipur, Police StationSamastipur Town in the District of Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Arvind Kr. Singh -Gp20 For respondent no.4 :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-07-2019 The present writ application involves the issue of inter se seniority of the petitioner and respondent no.4. Learned counsel appearing on behalf of respondent no.4 submits that he is 13 years senior to the petitioner whereas learned counsel appearing on behalf of the petitioner submits that respondents have admitted this petitioner senior and entitle to hold post of In-Charge Principal in the inter college. The issue of inter se seniority requires factual enquiry which cannot be done in the present proceeding in view of the fact that several circulars are issued by the respondents by the prescribing one or other parameters for determination of the

Patna High Court CWJC No.12154 of 2017(6) dt.17-07-2019 2/2 inter se seniority.

Under the aforesaid circumstances, the Court directs the District Education Officer, Samastipur to hear the petitioner and respondent no.4 and decide inter se seniority of petitioner and respondent no.4 after opportunity of hearing to the petitioner and respondent no.4 within a maximum period of sixty days from the date of receipt/production of a copy of this order.

After determination of the inter se seniority of the petitioner and respondent no.4, the District Education Officer, Samastipur shall take appropriate decision with regard to posting of In-charge principal in the inter college in question. (Anil Kumar Upadhyay, J) Ravi/- U