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Patna High CourtCWJC/5188/2016disposed

Rakesh Kumar v. The State Of Bihar And ORS

2020-06-11Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5188 of 2016 ====================================================== Rakesh Kumar son of Chandra Mauli Mishra, resident of village- Akopur, P.S.- Cheria- Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Education Officer, Begusarai 3.

The District Program Officer, Begusarai, Bihar 4.

The Pramukh, Cheria Bariarpur Block cum Chairman, Block Teachers Employment Committee, Cheria Baria 5.

The Block Education Officer, Cheria Bariarpur cum Member, Block Teacher Employment Committee, Cheri 6.

The Block Development Officer, Cheria Bariarpur cum Secretary, Block Teacher Employment Committee, 7.

Pappu Kumar, Member, Panchayat Samiti Gopalpur Panchayat cum Block Teacher Employment Committee, Ch ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Respondent/s :

Mr.Ram Balak Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-06-2020 This writ application was filed on 14.03.2016, seeking quashing of letter dated 15.02.2016, whereby the petitioner had been transferred from upgraded Middle School, Tara Akopur, Cheria Bariarpur, Begusarai to upgraded Middle School, Sonbarsa, Cheria Bariarpur, Begusarai on administrative ground. The order-sheet of the present case reads as under:- "02. 05.09.2017. Learned counsel appearing for the State seeks three weeks' time to take instructions.

Patna High Court CWJC No.5188 of 2016(9) dt.11-06-2020 2/3 Let this matter be listed after three weeks under the same heading retaining its position.

3. 03.01.2018. No one appears on behalf of the petitioner.

Counsel for the State is present.

Pup up on 10.01.2018.

4. 17.01.2018. As a matter of last indulgence, put up this case for admission on 31.01.2018.

5. 08.02.2018 As prayed for, put up this case after one week.

6. 11.06.2019. Neither learned counsel for the petitioner nor learned counsel for the State is present.

Let the matter be listed after summer vacation before the appropriate Bench on 29th July, 2019.

7. 29.07.2019. Put up this case on 06.08.2019.

8. 06.08.2019. As prayed for on behalf of the petitioner, put up on 16th of August, 2019."

It transpires from the order-sheet that the petitioner has no interest in pursuing the matter.

Keeping the writ application pending, would, in my

Patna High Court CWJC No.5188 of 2016(9) dt.11-06-2020 3/3 opinion, serve no purpose.

In the counter affidavit filed on behalf of respondent No.3, it has been stated that the petitioner could have availed remedy under Bihar Panchayat Primary Teachers ( Employment and Service Condition) Regulation, 2012 instead of approaching this Court with the grievance as raised in the present writ application.

Considering the facts and circumstances noted above, this writ application stands disposed of with a sole liberty to the petitioner that he may approach appropriate forum, in accordance with law.

(Chakradhari Sharan Singh, J) arun/- U