Salandhar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16014 of 2010 ====================================================== Salandhar Jha S/O Late Soti Lal Jha R/O Vill.- Chainpur, P.S.- Bangaon, Distt.- Saharsa, At Presetn Working As Incharge Headmaster Of Bhagirath Primary-Cum-Secondary Sanskrit School, Chainpur, Distt.- Saharsa ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Director Secondary Education (SANSKRIT), Bihar, Patna

3. Bihar Sanskrit Shiksha Board, Bihar, Patna Through Its Chairman

4. The Secretary Bihar Sanskrit Shiksha Board, Bihar, Patna

5. The Regional Deputy Director Of Education Koshi Division Saharsa, Distt.- Saharsa

6. The District Education Officer, Saharsa, Distt.- Saharsa

7. Sri Leela Kant Mishra, District Education Officer Saharsa, Distt.- Saharsa, S/O Late Yosodhar Mishra, R/O Vill.- Prasad, P.O.- Banki, P.S.- Madhopur, Distt.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Respondent/s :

Mr. Ranjay Kr. Singh, SC to AC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-12-2018 Heard learned counsel for the parties.

Having regard to the serious disputed question of fact, the Court is not inclined to grant any indulgence in the present proceeding. However, learned counsel for the petitioner submits that issue is still pending at the level of the Sanskrit Shiksha Board referring to Annexue-10 which was sent to the Board by the predecessor of the District Education Officer, Saharsa on 10.4.2010 and the same is still pending. Considering the aforesaid, the writ petition is disposed of with direction to the respondent Sanskrit Shiksha

Patna High Court CWJC No.16014 of 2010(4) dt.07-12-2018 2/2 Board to take appropriate decision in the matter of the petitioner.

While taking decision, the Board is expected to consider the relevant document including the Annexure-2 dated 30.09. 2003.

Necessary decision with regard to petitioner shall be taken by the Sanskrit Shiksha Board at the earliest within a period of four months from the date of receipt/production of a copy of this order.

The Board is expected to hear all stakeholders and the payment would abide by the final decision of the Sanskrit Shiksha Board within a period of four months in view of the fact that during the pendency of the writ petition, the petitioner has retired after attaining the age of superannuation. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U