Kailash Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2181 of 2011 =========================================================== Kailash Prasad H/O Late Hemlata Devi, S/O Late Ram Lakhan Prasad, Resident of Mohalla Naya Tola Mehsaul Ward No. 25, Nagar Parishad Sitamarhi, P.S. Sitamarhi, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. The Director, Secondary Education, Human Resource Development, Bihar, Patna.

3. The Deputy Director, Secondary Education, Bihar Secondary Education, Bihar, Patna.

4. The Regional Deputy Education Director, Tirhut Division, Muzaffarpur.

5. The District Education Officer, Sitamarhi.

6. The Headmaster, Ramdeo Bhagat Baldeo Choudhary Project Girls High School, Bhutahi, District Sitamarhi.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner : None For the State : Mr. Birju Prasad, GP-13 Mr. Amvesh, AC to GP-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT Date: 30-06-2017 After repeated calls, none appears on behalf of the petitioner. Counsel for the State is present. In the present writ application, the petitioner has sought for regularization of service of his wife on the post of Clerk in Shri Ramdeo Bhagat Baldeo Choudhary Project Girls High School, Bhutahi at Sitamarhi.

The wife of the petitioner died in the year 2007. Thereafter the petitioner filed a representation before the competent authority vide Annexure 4 series. The representation of the petitioner

Patna High Court CWJC No.2181 of 2011 dt.30-06-2017 2/2 was rejected by order dated 22.07.2008, which was subsequently affirmed by the Director, Secondary Education vide order dated 30.08.2010. The wife of the petitioner in her life time never claimed for her regularization in the service.

The three men committee, constituted under the direction of the Hon'ble Supreme Court for examining the individual cases of teaching and non-teaching staff of the project Schools examined the case of the petitioner and found that the wife of the petitioner was never engaged. Hence, the representation filed by the petitioner on behalf of his wife was rejected by the competent authority and the same was affirmed by the Director, Bihar Secondary Education. There is specific finding of an expert committee in respect to the wife of the petitioner.

Considering the aforesaid facts and circumstances of the case, I find no merit in the present writ application. The same is dismissed.

(Sudhir Singh, J) Narendra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 05.07.2017 Transmission Date N.A.