Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13546 of 2014 ====================================================== Binod Kumar Son of Sri Gopal Prasad R/O At + P.O. Garhbhanaily, P.S. Kasba, District - Purnea ... ... Petitioner/s

Versus

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

2. The Director Primary Education Government of Bihar, Patna

3. The District Magistrate, Katihar District - Katihar

4. The District Education Officer, Katihar, District - Katihar

5. The District Programme Officer ( Establishment ), Katihar, District - Katihar

6. The Block Education officer, Kadwa, District - Katihar

7. The Panchayat Secretary, Gram Panchayat Raj Bhogaon, Block - Kadwa, District - Katihar

8. The Mukhiya, Gram Panchayat Raj Bhogaon, Block Kadwa, District - Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 08-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The order of cancellation of appointment of the petitioner was challenged in CWJC No. 22265 of 2012 and vide order dated 24.04.2014 the said writ petition was dismissed. However, liberty was granted to the petitioner to approach the respondents for payment of salary for the period the petitioner has worked. Pursuant to the said direction the petitioner filed representation on 28.5.2014 which is pending consideration.

Patna High Court CWJC No.13546 of 2014 dt.08-08-2018 2/2

3. Learned counsel for the petitioner submits that the petitioner should have been granted the same relief which was granted to one Pramod Kumar, a similarly circumstanced person, petitioner in CWJC No. 12591 of 2010, which was allowed vide order dated 6.4.2011.

4. The Court cannot review the order passed by the Coordinate Bench, Vide Annexure-11 and issue any further direction. Once the Court has adjudicated the matter and issued direction, no further indulgence is required.

5. In view of the above, the writ petition is disposed of with a direction to the respondents to dispose of the representation filed by the petitioner, if not already disposed of, by a reasoned and speaking order within a maximum period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2018 Transmission Date