Sadanand Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.139 of 2023 ====================================================== Sadanand Prasad son of Shri Shiv Shankar Mahto Resident of village and P.O.- Dhanama, P.S.- Chandradeep, District- Jamui, at present posted as Assistant Teacher in plus 2 High School, Arha (Jamui), P.S.- Chandradeep, District- Jamui.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.
2.
The Director, Secondary Education, Bihar, Patna. 3.
The Examination Controller, Secondary, Bihar School Examination Board, Patna.
4.
The Regional Deputy Director of Education, Munger Division, Munger. 5.
The District Magistrate, Jamui.
6.
The District Education Officer, Jamui.
7.
The District Programme Officer, Establishment, Education, Jamui. 8.
The District Programme Officer, Secondary Education, Jamui. 9.
The Evaluation Centre Director, Centre Code- 115, plus 2 High School, Jamui Bazar, District- Jamui.
10.
The then Incharge Headmaster, plus 2 High School, Arha, P.S.- Chandradeep, District- Jamui namely Md. Osaid (now retired). 11.
The Incharge Headmaster, plus 2 High School, Arha, P.S.- Chandradeep, District- Jamui namely Shri Kumar Uday Shankar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Mahto, Adv.
For the State :
Mr. Madhaw Prasad Yadaw, G.P.-23 For the BSEB :
Mr. P.K. Shahi, Sr. Adv.
Mr. Gyan Shankar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar School Examination Board.
2. By filing the present writ application, the petitioner has
Patna High Court CWJC No.139 of 2023(3) dt.28-01-2025 2/3 prayed for the following reliefs:
(I) For directing the respondent Authority to make payment of due salary to the petitioner since 9th March, 2021 in situation mentioned in his complaint dated 09.03.2021 and applications dated 27.03.2021 and 01.08.2022 (Annexure- P/4, P/7 and P/26, respectively) and in light of Annexure- 1 & 3 to this petition.
(II) For directing the respondent Authority to take most necessary action on the application dated 27.03.2021 and objection letter dated 26.02.2022 of the petitioner (Annexure-P/& and P/20, respectively) in the light of prescribed decision of the Bihar Government vide circular no. 6211 dated 09.06.2008 issued under the signature of the Principal Secretary of the Home Department, Bihar, Patna (Annexure-16).
(III) For grant consequential benefits to the petitioner.
(IV) For any other relief(s) to which the petitioner shall be found entitled.
3. Learned counsel for the petitioner submits that the petitioner has filed a detailed representation before the District Education Officer, Jamui (respondent no.6) for redressal of his grievances, but till date, nothing has been done in this regard.
4. In such view of the matter, I deem it proper to direct the petitioner to file a fresh representation before the District Education Officer, Jamui (respondent no.6) along with the supporting documents within a period of four weeks from the date of receipt/production of a copy of this order and the respondent no.6 is directed to consider the representation of the
Patna High Court CWJC No.139 of 2023(3) dt.28-01-2025 3/3 petitioner and pass a reasoned and speaking order within one month from the date of receipt of representation after affording an opportunity of hearing to the petitioner or through his counsel.
5. Needless to state that the District Education Officer, Jamui (respondent no.6) shall be solely responsible for noncompliance of this order within the stipulated period.
6. With the aforesaid direction, this writ application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U