Vakil Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3651 of 2013 In Civil Writ Jurisdiction Case No.16922 of 2012 ====================================================== Vakil Mishra Son Of Late Ramjee Mishra Resident Of Village - Baraitola, P.O. - Bahadurpur Areraj, P.S. - Govindpur, District - East Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar Through Mr. Amarjeet Sinha, The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

2. Mr. Ram Bhujawan Choudhary, The Director Secondary Education Resources Development Department, Govt. Of Bihar, Patna

3. Dr. Binodanand Jha, The District Education Officer, East Champaran

4. Smt. Mridula Shahi, The Head Master, Sri Chandra Prabha Project Balika Uchha Vidyalaya, Paharpur, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar No.-1 For the Respondent/s :

Mr. Parth Sharthi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2018 A show cause reply has been filed on behalf of the Principal Secretary, Education Department, Govt. of Bihar, from which it appears that the petitioner's grievance has been substantially redressed in the light of the resolution of the Education Department of the State Government dated 05.03.2018, which has been brought on record by way of Annexure-A. The said resolution stipulates shifting back the date of the recognition of the service of the petitioner from 24.01.2000 to 01.01.1989. It further contemplates that the entire arrears of salary arising out of the shifting back of the date of the recognition in respect of retired teachers shall be paid in one

Patna High Court MJC No.3651 of 2013(21) dt.28-03-2018 2/2 go. The petitioner has already retired. Before making payment, certain inquires are to be made as indicated in the said resolution dated 05.03.2018, in respect of regular attendance of the teachers concerned.

Learned counsel for the petitioner submits that an inquiry was already done in the year 2014 itself which is there on record by way Annexure-7 to the Supplementary affidavit filed on behalf of the petitioner dated 22.09.2014. The said report does not refer to attendance of the petitioner, rather it is in respect of his educational and training certificate. In any view of the matter, the opposite parties while making inquiry shall take into account the said inquiry report dated 26.02.2014. This contempt proceeding stands dropped.

This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U