Shashikant Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18957 of 2019 ====================================================== Shashikant Das Son of Shree Bandhu Das, Resident of Village-Rasulpur Dhelha, P.S.-Sahebganj, District-Sahebganj.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Education Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The District Education Officer, Education Department, Bhagalpur. 5.

The District Programme Officer, Establishment, Education Department, Bhagalpur.

6.

The Incharge Head master of Sir Sahay Girls High School Kahalgaon, Bhagalpur.

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

For the Petitioner/s :

Mr. Rakesh Kumar Shrivastava For the Respondent/s :

Smt. Shilpa Singh, (GA-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is inaction on the part of District Education Officer, Bhagalpur in considering the seniority as Teacher in the school. Learned counsel for the petitioner submits that except petitioner, there is no other regularly appointed Assistant Teacher as other teachers are Niyojit Shikshak and as such being regular Assistant Teacher in the school in question, his seniority

Patna High Court CWJC No.18957 of 2019(2) dt.13-09-2019 2/2 is over and above all the Niyojit Shikshat. He submits that the representation of the petitioner in this regard is pending before the District Education Officer, Bhagalpur contained in Annexure-6.

Considering the fact that representation is pending before the District Education Officer, Bhagalpur, the writ application is disposed of with a direction to the respondent District Education Officer, Bhagalpur to take appropriate decision with regard to seniority of the petitioner in the school in question.

Necessary decision in this regard must be taken by the respondent District Education Officer, Bhagalpur within a maximum period of 30 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U