Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10158 of 2022 ====================================================== 1.

Mahendra Ram Son of Late Brahspati Ram, resident of Village - Badiya Bhara, P.S. - Maheshkhut, District - Khagaria. 2.

Pramod Sah, Son of Late Basudeo Sah, resident of Village and P.O. - Pakraul (Udaipur), P.S. - Maheshkhut, District - Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Middle/Secondary School, Education Department, Government of Bihar, Patna.

3.

The Regional Deputy Director, Education Department, Munger Division, District - Munger.

4.

The District Education Officer, Khagaria.

5.

The District Program Officer (Establishment), Khagaria. 6.

The Block Education Officer, Block - Gogri, District - Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Gupta, Adv.

For the Respondent/s :

Mr. Madhaw Prasad Yadaw, G.P.-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. By filing the present writ application, the petitioners have prayed for the following reliefs:

I) To issue a writ in the nature of mandamus commanding and directing the respondent Authorities, in particular respondent no.2 to appoint the petitioners against post of Adeshpal (Parichari) in Upgraded High School, Pakrail, Block-Gogari, District Khagaria.

II) For commanding and directing the respondent Authorities, in particular respondent no.2 to make

Patna High Court CWJC No.10158 of 2022(8) dt.20-01-2025 2/3 payment of arrears of salary w.e.f. 28.04.2011 to the petitioners.

III) For any other relief/reliefs for which the writ petitioners shall be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioners submits that the petitioners have filed a representation before the Director, Middle/Secondary School, Education Department, Government of Bihar, Patna (respondent no.2) and the said representation is still pending.

4. In view of the submission made by learned counsel for the petitioners, in my view, no useful purpose would be served keeping this writ application pending.

5. In such view of the matter, I deem it proper to direct the petitioners to file a fresh representation before the Director, Middle/Secondary School, Education Department, Government of Bihar, Patna (respondent no.2) along with the supporting documents within a period of four weeks from today and the respondent no.2 is directed to consider the representation of the petitioners and pass a reasoned and speaking order within eight weeks from the date of receipt of representation after affording an opportunity of hearing to the petitioners or through their counsel.

6. Needless to state that the Director, Middle/Secondary School, Education Department, Government of Bihar, Patna (respondent no.2) shall be solely responsible for non-compliance

Patna High Court CWJC No.10158 of 2022(8) dt.20-01-2025 3/3 of this order within the stipulated period.

7. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U