Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14436 of 2023 ====================================================== Rabindra Kumar Son of Late Sona Lal Singh, Resident of Village - Tinkoni, P.O.- Tinkoni, P.S. - Darpa, District - East Champaran at present posted as Assistant Teacher U.M.S. Bela, Block - Bankatwa, P.S. - Jitna, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary General and Administrative Department, Govt. of Bihar, Patna.

2.

The Deputy Secretary, Department of Education, Govt. of Bihar, Vikash Bhawan, Patna.

3.

The Director, (Primary Education), Department of Education, Government of Bihar, Patna.

4.

The District Education Officer, East Champaran, Motihari. 5.

The District Program Officer (Establishment), Motihari, East Champaran, . 6.

The Block Education Officer, Bankatwa, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra ( Sc 16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned counsel for the respondent/State.

2. This writ petition has been filed for directing the respondents to make correction in the office order of respondent no. 4 vide memo no. 1799 dated 24.5.2023 wherein the name of the petitioner figures at serial no.-75 and determined his benefit of 1st A.C.P. and M.A.C.P.S w.e.f. 1.10.2003 to 1.10.2013 i.e. from the date of Matric Trained Teacher Scale by ignoring resolution issued by respondent no.-3, vide Memo no. 7/Vividh 45/2017 1071 dated 7.10.2021. It has further been prayed for

Patna High Court CWJC No.14436 of 2023(2) dt.12-12-2024 2/2 directing the respondent to give benefit of 1st A.C.P. to the petitioner from the date of his joining in his service.

3. Learned counsel for the petitioner submits that in this connection, petitioner has filed representation before respondent no. 4 & 5, but till date, no action has been taken on his representation.

4. Considering the nature of grievance, the writ petition is disposed of granting liberty to the petitioner to file fresh representation before the respondent no. 4/District Education Officer, Establishment, Motihari (East Champaran) within a period of four weeks from today.

5. If such representation is filed within stipulated time, the concerned respondent(s) shall examine the same after hearing the parties and pass a reasoned & speaking order in accordance with law within a period of three months from the date of filing of such application.

6. With above observation and direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay U