Raj Mangal Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9123 of 2023 ====================================================== 1.

Raj Mangal Prasad Singh son of Late Ramdeo Singh, Resident of VillageGhoswar, P.O.-Rajauli, P.S.-Hajipur Sadar, District-Vaishali. 2.

Vimla Kumari, Wife of Sri Shailendra Kumar Sharma, Resident of VillageJatkauli, P.O.-Dharampur, P.S. and District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 3.

The District Education Officer, Vaishali at Hajipur. 4.

The District Programme Officer (Establishment), Vaishali at Hajipur. 5.

The Accountant General, Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the respondents.

2. The present writ petition has been filed seeking the following reliefs:

"For issuance of an appropriate writ/writs in nature of mandamus for commanding and directing the respondents to grant one annual increment which had earned one day prior of superannuation from service attaining upper age limit in terms of law settled by Apex Court in Civil Appeal No. 2471 of 2023 in case of The Director (Admn. And HR) KPTCL and others vrs. C.P. Mundinamani and others and further prayer regarding fixation, calculation and payment of entire benefits without consuming more time and for other necessary relief/reliefs to the basis of fact and circumstances of case discussed hereinafter."

Patna High Court CWJC No.9123 of 2023(2) dt.05-04-2024 2/2

3. Learned counsel for the petitioners submits that the petitioners have already filed detailed representation before the respondent no. 3 (The District Education Officer, Vaishali at Hajipur), which has not been disposed of, till date.

4. Considering the fact, the respondent no. 3 is well advised to dispose of the representiaton of the petitioners after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

5. It is made clear that the respondent no. 3 shall be liable for non-compliance of this order within the stipulated period.

6. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U