Ghanshyam Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2851 of 2015 =========================================================== Ghanshyam Tiwari S/o Late Ram Badari Tiwari at present teacher in Raja Singh Project Girl Inter College Nawtan, P.S. Vijaipur, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Education Government of Bihar, Patna

2. The Director Higher Secondary School, Budh Marg, Patna

3. The District Education Officer, Gopalganj

4. Shri Randhir Mall, Assistant Teacher in Raja Singh Project Girl Inter College Nawtan, PS Vijaipur, District - Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-08-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State and respondent no. 4 have assisted the Court.

2. The petitioner has moved the Court for the following reliefs:

" I. For issuance of writ to quash annexure 4, issued by director education Patna (respondent no 2).

II. For issuance of appropriate writ directing respondents to consider the service of petitioner from 1/1/1989 and also to hold that petitioner is senior to the respondent no. 4.

III For issuance of any other appropriate writ/writs, order/orders, direction/directions, for

Patna High Court CWJC No.2851 of 2015 dt.28-08-2018 2/2 which petitioner may deemed entitled under the fact and circumstance of the case."

3. From the counter affidavit of the State, the stand is that the matter relating to project Schools, the issue was finally settled by the Hon'ble Supreme Court and in terms of the said judgment, in a phase-wise manner, posts were created and persons were regularized from 25.01.2000.

4. Learned counsel for the State submitted that just because the petitioner may have been initially engaged prior to 25.01.2000, but in terms of the inter se seniority fixed by the Government under letter no. 519 dated 02.07.1983 and the order of Hon'ble Supreme Court, a Three-Member Committee having recommended for such regularization, the service of the petitioner has also been regularized from 25.01.2000.

5. In view of copy of the counter affidavit of the State having been served on learned counsel for the petitioner on 23.04.2015 and no rejoinder to the same being filed, coupled with the fact that nobody has appeared to press the writ petition today, the same stands dismissed.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U