Prabhakar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21078 of 2019 ====================================================== 1.
Prabhakar Singh, S/o Bakil Prasad Singh, Resident of Village- Kedwa, Pratapnagar, P.s.- Naugachia, Distt.- Bhagalpur 2.
Mukesh Kumar Jha, S/o Hirdaynarayan Jha, Resident of Village- Urdu Bazar Road, P.s.- Tatarpur, Distt.- Bhagalpur 3.
Md. Abu Nasar Ali, S/o Md. Jasim Uddin, Resident of Village- Dhiru Mistri Lane, Jabbavchak, P.s.- Mozahidpur, Distt.- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna 2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna 3.
The Director, Primary Education, Govt. of Bihar, Patna 4.
The Regional Deputy Director of Education, Bhagalpur Division, Distt.- Bhagalpur 5.
The District Education Officer, Bhagalpur, Distt.- Bhagalpur 6.
The District Programme Officer (Est.), Bhagalpur, Distt.- Bhagalpur 7.
The Sub Divisional Officer, Naugachia, Distt.- Bhagalpur 8.
The Block Education Officer, Naugachia, Distt.- Bhagalpur 9.
The Secretary, Block Teacher Employment Unit-cum-Block Development Officer, Naugachia, Distt.- Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Gupta, Advocate For the Respondent/s :
Mr.Jitendra Kumar Roy 1 (S.C.-13) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners had been appointed as Block Teachers and are working as Assistant Teachers within the Block of Naugachia. Petitioner No.1 Prabhakar Singh is working in the Middle School, Bharosa Singh Tola and Petitioner Nos. 2 and 3
Patna High Court CWJC No.21078 of 2019(2) dt.19-11-2019 2/3 are working as Block Teacher, Middle School, Kadwadhan since their appointment.
It is evident from perusal of this writ application that in pursuance of the order dated 09.02.2017 passed in the year 2017, the petitioners have already joined on their new post and had not assailed the said order before the appropriate forum but, in fact, had acquiesced and joined the new post and that it is only subsequent to the passing of the order by this Court in the year 2018 in CWJC No.5993 of 2017, which was disposed of on 06.02.2018 and which was followed by an order dated 15.05.2019 by the Block Development Officer, Naugachia in favour of the petitioner of the said writ application restoring him to the old school. It is only thereafter that the present petitioners had woken up from their slumber and have belatedly assailed the order impugned in the present writ application.
Considering the laches on the part of the writ petitioners in not taking appropriate steps for redressal of their grievances and also having acquiesced to the order of transfer passed earlier against them, I am not inclined to entertain the prayer at this stage. The writ application is accordingly disposed of.
It will be open to the petitioners to approach the
Patna High Court CWJC No.21078 of 2019(2) dt.19-11-2019 3/3 appropriate authorities to determine their cases in terms of the policy in accordance with law.
(Anjana Mishra, J) PNM U