Patna High CourtCWJC/8018/2014disposed

Santosh Kumar v. The State Of Bihar And ORS

2018-11-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8018 of 2014 =========================================================== Santosh Kumar, S/o Sri Kameshwar Prasad Singh, resident of Village + Post- Tilak Tajpur, P.S.- Runnisaidpur, Distt.- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Department of Education, Govt. of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Teachers Appointment Appellate Authority, Sitamarhi

5. The District Education Officer, Sitamarhi

6. The District Programme Officer (Establishment), Sitamarhi

7. The Block Education Officer, Belsand, Sitamarhi

8. Kumari Bibha Rai, W/o Sri Narendra Kumar, resident of Village- Pachnaur, P.S.- Belsand, Distt.- Sitamarhi, posted as Prakhand Teacher, Middle School Ganeshpur, Block- Belsand, Distt.- Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma, Advocate Mr. Avish Kumar, Advocate For the Respondent/s : Mr. SC-12 P. Kr. Singh Mr. Mritunjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-11-2018 The present writ application has been filed at the relevant time when the regular headmaster was on leave.

2. On account of claim and counter claim for seniority for charge of headmaster of the school, neither the petitioner nor the private respondent is headmaster and for the post of headmaster when the regular headmaster is available, the claim and counter claim does not require adjudication in the present proceeding.

3. As and when there is occasion to decide the inter se seniority, liberty shall be available to the petitioner to approach the

Patna High Court CWJC No.8018 of 2014 dt.01-11-2018 2/2 appropriate authority, who shall decide the inter se seniority.

4. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.11.2018 Transmission Date