Kamleshwar Prasad Shriwastawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14944 of 2024 ====================================================== 1.

Kamleshwar Prasad Shriwastawa Son of Late Mathura Prasad Shrivastava, Resident of village- Bhore, P.S. - Bhore, District - Gopalganj (Bihar). 2.

Hira Prasad Singh, Son of Bishwanath Singh, Resident of Village - Ramnagar, Sisai, P.S. - Bhore, District - Gopalganj. 3.

Manju Singh, Wife of Ravindra Kumar Singh, Resident of village- Bhore, P.S. - Bhore, District - Gopalganj (Bihar).

4.

Noor Alam, Son of Phool Mohammad, Resident of village- Bhore, P.S. - Bhore, District - Gopalganj (Bihar).

5.

Sohrab Hussain, Son of Munshi Miyan, Resident of Miyan Tola, Manjha, P.S.- Manjhagarh, District- Gopalganj.

6.

Zarina Khatoon, Wife of Izharul Haque, Resident of V.S. Mills Amaithi Khurd, P.S. and District - Gopalganj (Bihar). 7.

Madan Goswami, Son of Late Chandrama Goswami, Resident of VillageHata Tola, Post- Bathua Bazar, Madho Math, P.S. - Bathua Bazar, DistrictGopalganj (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Education, Government of Bihar, New Secretariat, Patna.

2.

The Princial Secretary Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Director, (Secondary Education) Budh Marg, Patna (Bihar). 4.

The Regional Deputy Director of Education, Saran at Chapra. 5.

The District Education Officer, Gopalganj.

6.

The District Programme Officer (Establishment), Gopalganj. 7.

The Headmistress, Rajnarayan Smarak Project Kanya Uchya Vidyalaya, Bhore, Gopalganj.

8.

The Headmistress, Abdul Gafur Balika Uchya Vidyalaya, Amaithi, Gopalganj (Bihar).

9.

The Headmistress, Manan Nagina Rai Project Kanya Uchya Vidyalaya, Kuchaikot, Gopalganj.

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

For the Petitioner/s :

Mr.Satish Chandra Mishra, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha, GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

Patna High Court CWJC No.14944 of 2024(2) dt.30-09-2024 2/3 ORAL ORDER 30-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2.

The present writ petition has been filed for the following relief/s:- "(i) For issuance of an appropriate writ/writs in the nature of mandamus directing/commanding the concerned respondents to approve the services of the petitioners on notional basis with effect from the actual dates of their appointment or from the date of selection of their respective schools by the State Government i.e.

12.02.1985 and 28.03.1985, whichever, is later till 01.01.1989 in order to facilitate them for grant of their respective A.C.Ps/M.A.C.Ps., as has been granted to the similarly situated persons of other similar Project Girls High Schools.

(ii) For further direction upon the concerned respondents to grant the petitioners the benefit of ACPs/MACPs after granting them the approval of their services on notional basis with effect from their actual date of appointments or from the date of selection of the School by the State Government i.e. with effect from 12.02.1985 and 28.03.1985 respectively whichever is

Patna High Court CWJC No.14944 of 2024(2) dt.30-09-2024 3/3 later till 01.01.1989 as the petitioners services have been approved in general with effect from 01.01.1989 with full salary as required."

3.

Considering the grievance of the petitioners, the petitioners are directed to approach the Director, Secondary Education, Budhha Marg, Patna, Bihar (respondent no.3) by way of filing a representation, enclosing all the supporting documents, within a period of four weeks and on receipt of the same, the respondent no.3 is well advised to pass a reasoned and a speaking order, in accordance with law, after hearing the parties, within a further period of ten weeks. 4.

It is made clear that if, an order is not passed within the stipulated period, the respondent no.3 shall be personally held responsible for non-compliance of the order of this Court. 5.

With the aforesaid direction, the present writ petition is disposed off.

(Anjani Kumar Sharan, J) pallavi/- U