Md. Sagir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15706 of 2019 ====================================================== Md. Sagir, Son of late Md. Khalil, Resident of Village- Ramgarh Tola Bhulauni, Police Station- Nautan, District- Siwan, at Present Posted as Incharge Head Master Up-graded Middle School, Narkatiya Makatab(Nautan), District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The District Magistrate, Siwan 4.

The District Education Officer, Siwan.

5.

The District Programme Officer (Establishment), Siwan. 6.

The Block Education Officer, Nautan Block, District- Siwan. 7.

The Block Teacher Employment Unit through its Secretary, Nautan Block, District- Siwan.

8.

Prabhunath Mali, Son of late Triveni Mali, Resident of Village- Bhirangi Chak, P.O. Semariya, Police Station- Panchdevri, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and the respondents.

The present writ application essentially involves the issue of inter se seniority of the petitioner and the respondent no.8.

Considering the aforesaid, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Siwan to take appropriate decision with regard

Patna High Court CWJC No.15706 of 2019(2) dt.02-08-2019 2/2 to inter se seniority of the petitioner and the respondent no.8 by giving opportunity of hearing to the petitioner as well as respondent no.8 within a maximum period of 45 days from the date of receipt/production of a copy of this order. After the decision of the inter se seniority, the District Programme Officer (Establishment), Siwan shall see that the senior teacher is allowed to function as incharge headmaster of the school, in question, until regular headmaster is posted in the school. Entire exercise including posting of headmaster among the senior most teachers may be completed within a maximum period of 60 from the date of receipt/production of a copy of this order.

With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U