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Patna High CourtCWJC/11929/2023disposed

Sachin Kumar v. The State Of Bihar

2024-12-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11929 of 2023 ====================================================== Sachin Kumar S/o- Sri Ravindra Mishra, Resident of Village- and PostGolapakariya, P.S-Lakhaura, Dist-East Champaran (Motihari). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Primary Education, H.R.D, Patna, Bihar. 3.

The District Magistrate, East Champaran.

4.

The District Education Officer, East Champaran. 5.

The District Program Officer (Establishment), Dist- East Champaran. 6.

The Block Education Officer, Block-Bankatawa, Dist-East Champaran. 7.

The Block Development Officer, Block- Bankatava, Dist- East Champaran. 8.

The Headmistress upgraded High school, Golapakariya, Block- Bankatawa, Dist- East Champaran.

9.

Anupama Kumari, then Head Mistress, Upgraded High School, Golapakariya, Block Bankatawa, Dist- East Champaran. 10.

Manibhushan Kumar Yadav, S/o- Bramhdev Prasad Yadav Resident of Golapakariya (tola), Post- Majirawaa, Block- Bankatawa, Dist.- East Champaran.

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

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( Sc 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned counsel for the respondent/State.

2. This writ application has been filed for directing the respondent authority to allow the petitioner to discharge his duty, as Night Guard, who has been selected and employed/engaged in the light of the decision of the School Management Committee dated 29.09.2019 whereby and

Patna High Court CWJC No.11929 of 2023(2) dt.09-12-2024 2/3 whereunder the School Management Committee of upgraded Middle School, Golapakariya, Block Bankatawa, Dist-East Champaran in the said school since 01.10.2019 and accordingly the petitioner was allowed to work on the said post but on 25.07.2021 on pretext of giving charge to another teacher, the then Headmistress of the school took key of smart class and since then, the petitioner was not allowed to discharge his duty in the said school and thereafter, the School Management Committee on the same day selected and appointed respondent no. 10, who is Devar of one teacher Nirmala Kumari.

3. Learned counsel for the petitioner submits that in this connection, petitioner has filed an application before the District Education Officer, East Champaran / Respondent no. 4, but till date, no action has been taken.

4. Considering the nature of grievance, the writ petition is disposed of granting liberty to the petitioner to file fresh application before the concerned respondent within a period of four weeks from today.

5. If such application is filed within stipulated time, the concerned respondent(s) shall examine the same and pass speaking order after hearing the parties in accordance with law.

6. With above observation, the writ petition stands

Patna High Court CWJC No.11929 of 2023(2) dt.09-12-2024 3/3 disposed of.

(Prabhat Kumar Singh, J) anay U