Md. Sahroj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.35 of 2021 ====================================================== 1.

Md. Sahroj Alam S/o Md. Sidhiki Resident of Village- Gyandov Ward No.2, P.O. Amour, P.S. Amour, District- Purnea, and worked as Instructor from 1994 to 1994.

2.

Ajay Kumar S/o Anandi Prasad Yadav Resident of Village- Devottar, P.S. Banmankhi, District- Purnea and worked as Instructor from 1995-2000. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

4.

The Director, Mass Education, Govt. of Bihar, Patna. 5.

The District Education Officer, Purnea.

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

For the Petitioner/s :

Mr.Kumar Vishoka Nand, Adv.

For the Respondent/s :

Mr. Abhanjalli, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-10-2021 Learned counsel for the petitioners is hereby directed to furnish a copy of writ petition to the learned counsel for the State.

2. In the instant petition, petitioners have prayed for following reliefs:

"(A) For issuance of an appropriate writ/order direction especially in the nature of mandamus directing the respondents authority to absorb the petitioner on the post of class-II to class-IV under the employment of State Govt. as the petitioner is exinstructors of non formal education including the order several rounds respondents authorities have already absorbed

Patna High Court CWJC No.35 of 2021 dt.27-10-2021 2/3 the non formal supervisor class III post in the light of order passed by this Hon'ble Court.

(B) For issuance of any appropriate writ(s) rules or direction especially in the nature of mandamus direction the respondents give a similar treat as the case of other several similar situated has been considered by this Hon'ble High Court as well as by the Hon'ble Apex Court.

(C) For issuance of an appropriate writ(s) rules or direction this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which the case petitioner may be found entitled their."

3. The grievance of the petitioners is only for issuance of direction to the concerned respondent to consider their names for absorption in the concerned department.

4. The concerned department is hereby directed to take note of the grievance of the petitioners and redress the same in accordance with law to the extent that whether petitioners are entitled for absorption in the respective department or not. If the petitioners fulfill the requisite criteria for absorption, in such manner, necessary action to be taken to absorb their services in the concerned department. In the event, petitioners are not entitled to absorb in the respective department, necessary speaking order shall be passed and communicated to the respective petitioners. Above exercise be completed within a period of four months from the date of receipt of this order.

Patna High Court CWJC No.35 of 2021 dt.27-10-2021 3/3

5. With the aforesaid observation, the writ petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE N.A.

Uploading Date 29.10.2021 Transmission Date