Patna High CourtCWJC/14410/2014disposed

Ruby Kumari v. The State Of Bihar And ORS

2018-08-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14410 of 2014 ====================================================== Ruby Kumari W/o Ganesh Kumar Ray Resident of Village Manjhwa, P.S. Simari Bakhtiyarpur, District Saharsa, Presently Posted as Incharge H.M. in New Created Primary School, Sakra Pahadpur, Dih Tola, P.S. Simri Bakhtiyarpur, District Saharsa.

... ... Petitioner/s

Versus

1. The State of Bihar through Department of Education, New Secretariat, Vikash Bhawan, Patna.

2. The Director, Primary Education, New Secretariat, Vikas Bhawan, Patna.

3. The District Education Officer, Saharsa.

4. The District Programme Officer (Establishment), Saharsa.

5. The District Programme Officer (Mid-day meal), Saharsa.

6. The Block Extension Officer, simri Bakhtiyarpur, District Saharsa.

7. The Mukhiya, Gram Panchayat Raj, Sakra, Paharpur, Block Simari Bakhtiyarpur, District Saharsa.

8. The Panchayat Secretary, Gram Panchayat Raj, Sakra Paharpur Block Simari Bakhtiyarpur, District Saharsa.

9. Nisha Kumari D/o Lal Bahadur Ray Resident of Village Manjhawa, P.S. Simari Bakhtiyarpur, District Saharsa, at presently posted as a Panchayat Teacher in Primary School, Sakra, Paharpur Dih Tola, P.S. Bakhtiyarpur, District Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Subhas Singh For the Respondent/s :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner with reference to order contained in memo No. 1050 dated 06.07.2018 submits that the Government has taken decision for the purpose of appointment of In-charge Headmaster of the school which is applicable in the case of the petitioner also. In view of the above, the writ petition is disposed of

Patna High Court CWJC No.14410 of 2014(3) dt.18-08-2018 2/2 with a liberty to the petitioner to approach the District Programme Officer (Establishment), Saharsa to consider the claim of the petitioner for In-charge Headmaster of the school in the light of the decision of State Government contained in memo No. 1050 dated 06.07.2018 after deciding the interse seniority of teachers if not already decided within a maximum period of three months from the date of receipt/production of copy of this order. The District Programme Officer (Establishment) Saharsa is required to take decision of seniority after hearing all teachers claiming posting as In-charge Headmaster on the strength of the seniority in the school. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) banti/- U