Jitendra Rai @ Jitendra Roy @ Jitendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12545 of 2025 ====================================================== 1.
Jitendra Rai @ Jitendra Roy @ Jitendra Ray S/o Sri Ram Vinay Rai @ Ramvinay Ray @ Ram Vinoy Roy, R/o Village- Bisambharpur, P.S. Tariyani, District- Sheohar.
2.
Smt. Manjula Kumari, W/o Sri Dinesh Prasad @ Dinesh Sah, R/o VillageBisambharpur, P.S. Tariyani, District- Sheohar. 3.
Asha Devi @ Asha Sinha @ Asha Kumari, W/o Sri Ganesh Pd Singh @ Ganesh Singh, R/o Village- Bisambharpur, P.S. Tariyani, District- Sheohar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna.
2.
The Director, Mass Education cum Additional Secretary, Education Department, New Secretariat, Government of Bihar, Patna. 3.
The District Education Officer, Sheohar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Verma, Advocate For the Respondent/s :
Mr. Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioners and learned counsel appearing for respondents-State.
2. The present writ application has been filed for the grant of following reliefs:
"For issuance of an appropriate writ/writs, order/orders, direction/directions,
2/4 in the nature of mandamus commanding and directing to the respondent no.2 to take decision on District level committee report along with the folder on the objection received regarding absorption of non-formal education instructor sent vide letter no. 355 dated 28.02.2020 by the District Education Officer, Sheohar (Respondent no.3 herein) addressed to respondent no.2 in compliance to the order of this Hon'ble court dated 22.08.2019 passed in M.J.C. No. 54/2013 and letter no. 354 dated 17.2.2020. Further prayer for a direction to the respondent no.
2 to consider the case of the petitioners regarding their absorption in regular government service as per their qualification and eligibility who were earlier appointed under the scheme to the post of Instructor under Non-Formal Education Programmed of the Central Government for giving nonformal education to the children of 6-14 years at different Centers in the State and further a writ in the nature of mandamus may issued commanding and directing to the respondent authorities to pay arrears of salary to the petitioners from the date of stoppage of scheme till the date of their absorption of services under the state Government or till date of attaining the age of superannuation. And for the other necessary relief/relief for which the petitioners are entitled to in accordance with law."
3. Learned counsel for the petitioners makes a limited submission by contending that by letter no.355 dated 28.02.2020 the District Education Officer, Sheohar has sent a
3/4 communication to the Director, Mass Education-cum-Additional Secretary, Education Department, New Secretariat, Government of Bihar, Patna (respondent no.2) to take a final decision in light of the order passed by this Court earlier. He further submits that despite such a letter having been addressed to the respondent no.2 in the month February, 2020, till date no decision has been taken by the respondent no.2 and hence prays that an appropriate direction be issued to the respondent no.2 to take final decision in the matter.
4. Learned counsel appearing for respondents-State has no objection to the above limited prayer cum submission being made by learned counsel for the petitioners.
5. Accordingly, the present writ application is disposed of directing the Director, Mass Education-cumAdditional Secretary, Education Department, New Secretariat, Government of Bihar, Patna (respondent no.2) to take a final decision in the matter, a request for which has been made by the District Education Officer, Sheohar by his letter bearing no.355 dated 28.02.2020. It is expected that the respondent no.2 will take a final decision in the matter and will communicate to the petitioners within three months from the date of passing of this order.
4/4
6. With the aforesaid observation and direction the present writ application is disposed of. Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U