Bindeshwari Prasad Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13236 of 2023 ====================================================== Bindeshwari Prasad Singh S/o Sri Ganesh Prasad Singh, Resident of MohallaRajguru College Road, Opposite SBI, P.O. and P.S.- Tarapur, DistrictMunger, at present Working as Trained Graduate Teacher (Science), Kendriya Vidyalya, Katihar.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Education, New Delhi- 110001.

2.

The Commissioner, Kendriya Vidyalya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi- 16.

3.

The Joint Commissioner (Admn-1), Kendriya Vidyalya Sangathan (H.Q) , 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi- 110016. 4.

The Assistant Commissioner (Estt- II/III), Kendriya Vidyalya Sangathan (H.Q) , 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi- 110016. 5.

The Deputy Commissioner, Kendriya Vidyalya Sangathan, Regional Office, Lohiya Nagar, Kankarbagh, Patna- 800020.

6.

The Principal, Kendriya Vidyalya, Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandeep Patil, Advocate For K.V.S.

:

Mr.Gopal Krishna Agrawal, Advocate Mr.Kumar Ravish, Advocate For the Respondent/s :

Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 28-06-2024 In the present C.W.J.C., petitioner has assailed order of the tribunal dated 23.03.2023 passed in O.A. NO. 050/000171/2023. The petitioner has withdrawn O.A. However, tribunal in Para 4, it is stated as under:- "4. Considered the submission.

Representation, as has been submitted was

Patna High Court CWJC No.13236 of 2023 dt.28-06-2024 2/3 given on 29.12.2022. In totalilty of facts situation we do not want to stipulate any time frame for decision on said representation and therefore are not giving any direction to the respondent to decide the representation by any specific date, however, we wish to say that if grievance raised in representation relates to germane issue and not whimsical, respondents in normal practice had to decide the same at the earliest possible and without undue delay."

2. Reading of the aforesaid order, the present writ petition itself is not maintainable. If the petitioner's representation was not considered, in that event, he has every right to invoke once again before the Central Administrative Tribunal while invoking Section 19 of the Administrative Tribunal Act, 1985. However, in the interest of rendering justice on the last occasion, we requested the learned counsel for the respondent as to what is the status of the petitioner's representation. To that effect, counter affidavit has been filed on behalf of the respondent no. 2 to 6. Perusal of the Annexure A dated 17.07.2023, it is evident that grievance of the petitioner has been redressed in the light of his presentation.

3. Taking note of these developments, the present petition do not survive for consideration.

4. Accordingly, the present petition stands

Patna High Court CWJC No.13236 of 2023 dt.28-06-2024 3/3 disposed of, reserving liberty to the petitioner to assail the order dated 17.07.2023 vide Annexure A to the counter affidavit in the manner known to the law.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 02.07.2024.

Transmission Date N/A