Patna High CourtCWJC/11710/2018disposed

Ajitabh Kumar v. The State Of Bihar And ORS

2018-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11710 of 2018 ====================================================== Ajitabh Kumar son of Late Ishwar Deo Ray Resident of Village Kalyanpur, PS Bibhutipur, Distt. Samastipur at present Block Teacher Upgraded Middle School Kalyanpur Vishuntol Block Bibhutipur, Distt. Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

4. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

5. The District Education Officer, Samastipur.

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

7. The Block Education Officer, Bibhutipur Distt. Samastipur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Jha For the Respondent/s : Smt. Shilpa Singh -GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard the parties.

Following reliefs have been sought for in the present writ application on behalf of the petitioner:

1. For issuance of a direction to the respondents to consider the case of the petitioner in terms of the order passed in SLP(C) No. 29655 of 2010 by the Hon'ble Apex Court for grant suitable reliefs of regular pay protection.

2. The petitioner seeks indulgence of this Hon'ble Court for following reliefs also:- (I) The respondents be commanded to consider the case of the petitioner for regular pay protection in terms of the order passed in SLP(C) No. 29655 of 2010 by the

Patna High Court CWJC No.11710 of 2018 (2) dt.10-08-2018 Hon'ble Apex Court.

(II) The Respondents be commanded to dispose of the representation of the petitioner dtd. 08-04-2018 in terms of the order passed in in terms of the order passed in SLP(C) No. 29655 of 2010 by the Hon'ble Apex Court.

(III) The respondents be commanded to grant suitable reliefs of regular pay protection as the other dependents of the deceased employee have already been given.

On behalf of the petitioner, it has been submitted that the case of the petitioners is squarely covered by the order dated 11-05-2018 passed in CWJC No. 8963 of 2018.

The District Programme Officer (Establishment), Samastipur (respondent No. 6) is directed to examine the case of the petitioner in the light of the order referred above and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of copy of this order. With the aforesaid observation/direction, the present writ application stands disposed of.

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