Awadhesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20030 of 2016 ====================================================== Awadhesh Kumar, Son of Shri Bhuvneshwar Mahto, resident of village - Jathi, P.S. Raj Nagar, District - Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development Department Bihar, Patna.

2. The Director Primary Education Bihar, Patna.

3. The District Magistrate, Madhubani.

4. The District Education Officer, Madhubani.

5. The District Programme Officer (Establishment), Madhubani.

6. The Block Education Officer Raj Nagar Madhubani.

7. Smt. Kumari Madhuri, Wife of........, presently posted as an Acting Headmistress Govt. Primary Girls School, Simari, Rajnagar, Madhubani. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Respondents : Mr. Arvind Kumar, A.C. to G.P. 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1. That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the order contained in Memo No. 347 dated 19.08.2016, issued by the Block Education Officer, Raj Nagar, whereby and whereunder Smt. Kumari Madhuri (Respondent No.7) has been made acting/Incharge Headmistress of Govt.

Primary Girls School, Simari, Rajnagar, Madhubani and further for quashing the consequential orders contained in Memo

Patna High Court CWJC No.20030 of 2016 (2) dt.16-08-2018 2/2 No. 400 dated 23.09.2016 and Memo No.

dated 04.11.2016 and further respondent authorities be directed not to disturb the petitioner as he is senior most teacher of the school inquisition and working as incharge Headmaster since 2008 in the school inquisition and to grant any other consequential benefits for which the petitioner may be found entitled in accordance with law ."

The petitioner is directed to file a fresh representation before the respondent no. 6, the Block Education Officer, Raj Nagar, Madhubani, for redressal of his grievance, in light of Memo No. 7/Mu01-129/012-809 dated 05.12.2012, issued by the Director, Primary Education, Education Department, Government of Bihar, Patna, as contained in Anexure-1 to the present writ application. The respondent no. 6, the Block Education Officer, Raj Nagar, Madhubani, shall dispose of the representation of the petitioner and pass a necessary order in accordance with law within a period of three months from the date of receipt of such representation.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U