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Patna High CourtCWJC/19699/2016disposed

Nand Lal Sah v. The State Of Bihar And ORS

2018-07-24Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19699 of 2016 ======================================================

1. Nand Lal Sah Son of late Meghu Sah Resident of Village - Elamdipur, P.O.- Shankara, Police Station- Gautam Budha Nagar(Tarwara), DistrictSiwan, Prakhand Teacher in Govt Upgraded Middle School Sarangpur, Block- Mahaerajganj, District- Siwan.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government 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, Siwan.

6. The Prakhand Pramukh, Maharajganj Prakhand, District - Siwan.

7. The Block Development Officercum Executive officer, Maharajganj Block, District- Siwan. null null

8. The Block Education Officer, Maharajganj, District Siwan. null null

9. The Headmaster, Govt. Upgraded Middle School Sarangpur, BlockMaharajganj, District- Siwan.

10. The Member, District Teacher's Employment Appellate Authority, Siwan.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Umesh Kumar Mishra For the Respondents : Mr. Prabhakar Jha- GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard the parties.

Following reliefs have been sought for in the present writ application on behalf of the petitioner: (i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to reinstate/allow the petitioner as Prakhand Teacher

Patna High Court CWJC No.19699 of 2016 (2) dt.24-07-2018 in Govt. Upgraded Middle School, Sarangpur, Block-Maharajganj, District-Siwan treating him untrained as he is handicapped and appointed on the basis of the order of the Member, District Teacher's Employment Appellate Authority, Siwan.

(ii) For issuance of an appropriate writ in the nature of prohibition by restraining the respondent authorities concerned to not make any kind of hindrance in proper functioning of the petitioner on the post of Prakhand Teacher in Govt. Upgraded Middle School, Sarangpur, Block-Maharajganj, District-Siwan with all consequential benefits i.e. continuity of service with its salary, since his due date of entitlement. (iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the arrears as well as current salary of the petitioner without any further delay as the petitioner has been discharging his duty since 0107-2013.

Patna High Court CWJC No.19699 of 2016 (2) dt.24-07-2018 Considering the reliefs sought for on behalf of the petitioner, the petitioner is directed to file an application under Rule 15(2) of the Bihar State School Teachers and Employees Redressal Rule, 2015 for execution of the order dated 30-07-2010 passed by District Teacher Employment Appellate Authority, Siwan in case No. 148 of 2010.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) A.K.V./- U