Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9355 of 2022 ====================================================== Sunil Kumar Singh Son of Keshav Singh Resident of Village- Bishunpur Tara, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director Secondary Education, Bihar, Patna. 3.

The District Programme Officer, (Establishment) East Champaran. 4.

The Headmaster Raj Kumar Prasad Ram Sanwari Devi, Project Girls Higher Secondary School, Madhuban, East Champaran.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Respondent/s :

Smt. Binita Singh (SC 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 04-01-2023 The petitioner by way of this writ petition claims salary from November 2019 as a Night Guard. Apparently, the petitioner has not been working after November 2019. There is no document to show that he has been performing duties after November 2019. In view thereof, no relief can be granted to the petitioner. However, if the petitioner is aggrieved of his wrongful removal, he being a Night Guard would come within the ambit of definition of workmen and would be entitled to take up the remedies under the Labour Laws. Granting such liberty, the writ petition is dismissed. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 5 U