Suresh Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11003 of 2018 ====================================================== Suresh Kumar Pandey S/o Late Kailash Pandey resident of village - Kushhar, P.S. Turkaulia, District East Champaran at present Incharge Headmaster Ayodhya Shiv Narayan Sanskrit High School, Bhitdharwa Math, Patahi, East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Joint Director, Secondary Education, Govt. of Bihar, Patna. 3.

The Bihar Sanskrit Shiksha Board, Back of Harding Road, Flat No. 17, Near Chitkohra, Patna - 1 thro 4.

The Chairman, Bihar Sanskrit Shiksha Board, Back of Harding Road, Flat No. 17, Near Chitkohra, Patn 5.

The Secretary, Biar Sanskrit Education Board, Back of Harding Road, Flat No. 17, Near Chitkohra, Pa 6.

The District Education Officer, East Champaran, Motihari. 7.

The District Programme Officer, Establishment, East Champaran, Motihari. 8.

The Arbind Kumar S/o Late Ram Swarup Singh resident of Village Tetauna, P.O. Betouna, P.S. Patahi, District East Champaran, Assistant Teacher. 9.

The Managing Committee, Ayodhya Shib Narayan Sanskrit High School, Bhitharwa Math, Patahi, District ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tara Nath Jha For the State :

Mr. Narendra Kumar, AC to GP-20 For the Board :

Mr. Satyam Shivam Sundaram Mr. Sanjay Kumar For the Respondent/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2023 Heard learned counsel for the parties concerned. Mr. Tara Nath Jha, learned counsel for the petitioner submits that the issue regarding the petitioner attaining the age of superannuation was raised before this Court in CWJC No. 22597 of 2019 and this Court remanded the matter before the Special Director, Education Department for taking proper

Patna High Court CWJC No.11003 of 2018(8) dt.24-03-2023 2/2 decision.

Learned counsel for the Sanskrit Shiksha Board submits that the petitioner has got employment at the age of 15. The Special Director, after taking into consideration this fact, has ordered that as on the date of joining of the service by the petitioner his age would be treated as 21 and the petitioner would attain the age of superannuation starting from the date of his joining, treating his age as 21.

Learned counsel for the petitioner at this juncture submits that he is contemplating to challenge the order of the Special Director, Education Department, Government of Bihar before this Court.

Accordingly, this writ application is dismissed as infructuous at this stage with liberty to the petitioner that he may approach this Court after he succeeds in the writ application filed against the order passed by the Special Director, Education Department, Government of Bihar. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U