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Patna High CourtCWJC/12707/2014disposed

Soni Kumari v. The State Of Bihar And ORS

2017-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12707 of 2014 ====================================================== Soni Kumari, Daughter of Manoj Das, Resident of Village- Hemjapur, Block- Dharhara, District- Munger.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Munger.

3. The District Programme officer ( Shaksharta), Munger.

4. The District Education officer, Munger.

5. The Block Development Officer, Dharhara, District Munger.

6. The Block Education officer, Dharhara, District- Munger.

7. The Head Master, Primary School Hemjapur, Block- Dharhara, DistrictMunger. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Mukul Jee, Advocate. For the Respondents : Mr. Prashant Pratap, G.P. 6. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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

"1 That this is an application for issuance of appropriate writ (s)/ direction(s) for quashing of the order contained in Memo No. 120 dated 28.06.14 issued by the respondent no.

3, whereby and whereunder, the selection and appointment of the petitioner as Tola Sevak in Primary School, Hemjapur, Block-Dharnara, District-Munger, has been cancelled.

Further the respondents be directed not to disturb the petitioner from the post of Tola Sevak and from her

Patna High Court CWJC No.12707 of 2014 (2) dt.05-12-2017 2/2 working as such in said School and for payment of Arrear of Salary to her for her working period i.e. w.e.f. 31.05.13 to 12.07.14 with interest rate and further current salary to her month to month basis."

Such engagements of „Tola Sewak‟ are made under the Scheme of „Sarb Shiksha Abhiyan‟. No statutory right has accrued in favor of the petitioner to hold the said post. No substantive relief can be granted to the petitioner under a writ jurisdiction. The petitioner, if so advised, may approach before the competent Civil Court for redressal of her grievance. With the aforesaid observations and directions, the present writ application stands disposed of.

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