Rameshwar Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.5499 of 2015 dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5499 of 2015 =========================================================== Rameshwar Prasad, son of Late Sita Ram Prasad, resident of Village- Bhada, P.S. Harsidhi, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The District Magistrate, East Champaran at Motihari.

3. The District Education Officer, East Champaran at Motihari.

4. The Block Education Extension Officer, Harsidhi, District- East Champaran, Motihari.

5. The Head Master, Adarsh Middle School, Rupdeh P.S. Harsidhi, District- East Champaran, Motihari.

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

For the Petitioner/s : Mr. S. M. Nematullah For the Respondent/s: Mr. SANDEEP KUMAR (GA8) =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-04-2015 Petitioner is a Block Teacher. He is a contractual appointee with fixed remuneration, which is a contract for service, not of service.

2. Petitioner was suspended and put behind the bar, may be leading to acquittal at a subsequent stage but that cannot beget him same benefit which a government servant is entitled to.

3. No direction for payments for the period in question can be issued taking into consideration the nature of engagement of the petitioner, which was a contract for service.

4. Writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U