Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10201 of 2022 ====================================================== Rajesh Kumar Singh Son of Late Lal Bihari Singh Yadav, Resident of Village and Post Office - Mania, P.S. - Nawanagar (Sonbarsha), District - Buxar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Buxar.

3.

The District Education Officer, Buxar.

4.

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

The Block Development Officer, Brahmpur, Buxar. 6.

The Block Education Extension Officer, Brahmpur, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Adv.

For the State :

Mr. Madhukar Mishra, AC to S.C.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

I) To issue an appropriate writ preferably in the nature of Mandamus commanding the respondent Authorities to appoint the petitioner as regular teacher under the Government of Bihar on compassionate ground with all consequential benefits.

II) To hold and declare that appointment as Block Teacher on Contract/Honourarium is not an appointment under the Government since no benefits of service are attached with

Patna High Court CWJC No.10201 of 2022(7) dt.20-01-2025 2/3 the said appointment.

III) To grant any other relief(s) for which the petitioner may be found entitled to in the facts and circumstances of the case.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the order dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018 (Chandra Shekhar Azad and Ors. vs. State of Bihar and Anr.), hence the present writ petition can also be disposed of in similar terms.

4. In view of the fair submission made by learned counsel for the petitioner, 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 petitioner to file a detailed representation before the District Education Officer, Buxar (respondent no.3) along with the supporting documents within a period of four weeks from the date of receipt/production of a copy of this order and the respondent no. 3 is directed to consider the representation of the petitioner and pass a reasoned and speaking order in accordance with law within eight weeks from the date of receipt of the representation after affording an opportunity of hearing to the petitioner or his counsel.

Patna High Court CWJC No.10201 of 2022(7) dt.20-01-2025 3/3

6. In case, it is found that the petitioner is similarly situated and his case is standing on similar footing that of the petitioners of C.W.J.C. No. 8963 of 2018, then this petitioner too ought to be accorded similar benefits. The entire exercise must be completed as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

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

(Anjani Kumar Sharan, J) divyanshi/- U