Bhagwan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18715 of 2016 ====================================================== Bhagwan Jha Son of Late Radhakant Jha resident of Village - Shankarpur, P.O. - Kako, P.S. - Bhairav Asthan, Via - Jhanjharpur, District - Madhubani, at present working as Headmaster of Baujan Radha Krishna Sanskrit Primarycum-Middle School, Shankarpur, P.O. - Kako, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Director, Incharge Sanskrit Education, Education Department, Government of Bihar, New S 3.

The District Education Officer, Madhubani.

4.

The District Programme Officer, Madhubani.

5.

The Bihar Sanskrit Shiksha Board through its Secretary, Polo Road, Patna. 6.

The Chairman, Bihar Sanskrit Shiksha Board, Polo Road, Patna. 7.

Bhogendra Chaudhary Son of Late Hari Narain Chaudhary resident of Village - Sahuria, P.O. P.S. - Devhar, District - Madhubani. 8.

Gopal Jha Son of Ram Narain jha resident of Village - Shankarpur, P.O. Kako, P.S. Jhanjharpur, District - Madhubani presently working as Assistant Teacher in Baujan Radha Krishna Sanskrit Primary-cum-Middle School, Shankarpur, P.O. - Kako, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Jha Mr. Vikash Kumar Jha For the Board :

Mr. Shashank Shekhar Jha For the State :

Mr. Pramod Kumar Singh, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for direction to the respondents to allow the petitioner to work as regular Headmaster in the Baujan Radha Krishna Sanskrit Primary-cum-Middle School, Shankarpur, Kako, Madhubani, after quashing the impugned order, bearing

Patna High Court CWJC No.18715 of 2016(2) dt.13-05-2024 2/3 Memo No. 3644, dated 14.08.2015, issued by the respondent no. 5, whereby the approval on the post of Headmaster has been granted to the respondent no. 8.

3. Learned counsel for the Bihar Sanskrit Shiksha Board submits that the Board, after examining the respective claim of respondent no. 8 and the petitioner, has found that the petitioner is senior to respondent no. 8 and has approved the decision, dated 24.02.2013, of the School Managing Committee granting promotion to the petitioner on the post of Headmaster vide office order, bearing Memo No. 434, dated 13.06.2023.

4. Learned counsel for the petitioner submits that office order of the Board has been implemented and the petitioner has been working as Headmaster since 02.02.2023 without any objection from respondent no. 8.

5. In view of the aforesaid submissions advanced by the parties, I direct the respondent no. 4-District Programme Officer to consider the claim of the petitioner for grant of salary on the post of Headmaster in terms of the office order, dated 13.06.2023, within a period of four weeks from the date of receipt/production of a copy of this order

Patna High Court CWJC No.18715 of 2016(2) dt.13-05-2024 3/3 and if the petitioner is found entitled, necessary payments shall be released with arrears in favour of the petitioner forthwith.

6. With the aforesaid observation and direction, this writ application is, accordingly, disposed.

(Anil Kumar Sinha, J) ashwani/- U