Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.400 of 2016 ====================================================== Vijay Kumar, Son of Late Gopal Tiwari, Resident of Village- Barki Nainijor, P.S.- Brahmpur, District- Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

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

4. The District Magistrate, Bhojpur, Ara.

5. The District Superintendent of Education, Bhojpur, Ara.

6. The Block Education Extension Officer, Brahmpur, District- Bhojpur, Ara.

7. The Mukhiya, Gram Panchayat Nainijor, District- Bhojpur.

8. The Panchayat Secretary, Gram Panchayat Nainijor, District- Bhojpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Respondent/s : Mr. A.K.Chaudhary, AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-02-2017 Heard learned counsel for the parties.

The grievance of the petitioner is that although he has joined as Shiksha Mitra in the year 2006 and had also put his attendance but thereafter he was restrained from doing so. After almost ten years that the petitioner has chosen to move this Court seeking direction to allow him to join the post of Shiksha Mitra. The post of Shiksha Mitra got abolished under the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2006 with effect from 1.7.2006 but the Shiksha Mitra, who were functional on that date, got absorbed as

Patna High Court CWJC No.400 of 2016 (2) dt.21-02-2017 Panchayat Teacher or Prakhand Teacher. According to the petitioner himself, though he claims to have joined in 2006 but was not allowed to put his attendance thereafter. The post of Shiksha Mitra having been abolished with effect from 1.7.2006, no indulgence can be granted either on merits or on the issue of delay where the petitioner has approached this Court after ten years.

The writ petition is dismissed.

(Jyoti Saran, J) Surendra/- U