Suresh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15918 of 2024 ====================================================== Suresh Raut Son of Late Ram Bilash Raut, resident of Village and P.O.- Sursand, Vidyapati Nagar, Ward No. 18, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Govt. of Bihar.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Special Secretary (Secondary Education), Govt. of Bihar, Patna. 4.

The Special Director (Secondary Education), Govt. of Bihar, Patna. 5.

The Bihar Sanskrit Shiksha Board through its Secretary, Bihar, Patna. 6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Kant Pandey, Adv.

For the State :

Mr .Government Advocate (7) For the Rspondent No. 6 :

Mr. Satyam Mr. Shivam Mr. Sundram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner, learned Government Advocate 7 for the State and learned counsel for the Bihar Sanskrit Shiksha Board.

2. Learned counsel appearing on behalf of the petitioner submitted that petitioner on 12.12.1981 was appointed as an Assistant Teacher in Sri Ramanujya Sanskrit Madhyamik Vidyalaya, Nawahi, Sursand, Sitamarhi by the Managing Committee and his services were approved temporarily by Shri Kameshwar Singh Darbhanga Sanskrit University vide Letter

Patna High Court CWJC No.15918 of 2024(2) dt.28-10-2024 2/3 No. 644 dated 28.12.1981 issued under the signature of the Vice-Chancellor of the University and accordingly the petitioner started receiving the Honorarium from the University. Learned counsel for the petitioner further submits that all of a sudden the salary of the petitioner was stopped from 1984. On query of the Court that when the salary of the petitioner was stopped, stopped in the year 1984 then how the petitioner was teaching without salary and when he moved before the authority competent for seeking redressal of his grievance on which the learned counsel appearing on behalf of the petitioner submits that the petitioner moved in the year 2011 for the first time by filing CWJC No.

14080 of 2012 at this stage, the learned counsel appearing on behalf of the Bihar Sanskrit Siksha Board submits that from perusal of Annexure-7 it would manifest that CWJC No. 14080 of 2012 was taken up along with CWJC No. 8074 of 2011 and CWJC No. 14116 of 2012 i.e., both the cases were made analogous. It is further submitted that from perusal of the cause title of CWJC No. 14080 of 2012 it would manifest that the instant petitioner was not the petitioner in the said CWJC No. 14080 of 2012.

3. Learned counsel appearing on behalf of the Bihar Sanskrit Siksha Board also submits that there is no infirmity in

Patna High Court CWJC No.15918 of 2024(2) dt.28-10-2024 3/3 the order impugned for the reason that the appellate authority had taken into consideration the entire fact and has come to a considered conclusion that appointment of the petitioner was not made in accordance with rule and no procedure was followed while appointing the petitioner initially. It is further submitted that what is not in dispute rather stand admitted is that petitioner since 1984 till date has not paid a single penny but still the petitioner is contending that he was working which does not appear probable to a reasonable mind.

4. Considering the submissions made by learned counsel appearing on behalf of the Bihar Sanskrit Siksha Board, the Court is not inclined to entertain the present writ application.

5. Accordingly, the present writ application is dismissed.

(Satyavrat Verma, J) annpurna/- U T