Shree Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17092 of 2024 ====================================================== Shree Narayan Ram S/o- Mangal Ram, Resident of village- Mathia, P.S.- Kesariya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Commissioner-cum-Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Principle Secretary, Education Dept., Govt. of Bihar, Patna. 4.

The Director, Mass Education, Education Department, Govt. of Bihar, Patna. 5.

The Additional Secretary-cum-Director, Mass Education Department, Govt. of Bihar, Patna.

6.

The Secretary, Cooperation Committee, Cooperative Department, Govt. of Bihar, Patna.

7.

The Registrar, Cooperation Committee, Cooperative Department, Govt. of Bihar, Patna.

8.

The District Education Officer (Secondary Educational and Literacy), East Champaran at Motihari.

9.

The District Programme Officer (Secondary Educational and Literacy), East Champaran at Motihari.

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate Mr. Shardanand, Advocate Mr. Shivam Prerna, Advocate Ms. Lovely Kumari, Advocate For the State :

Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-11-2024 Heard Mr. Jitendra Kumar, along with Mr. Shardanand, Mr. Shivam Prerna and Ms. Lovely Kumari, learned counsels appearing on behalf of the petitioner and learned Advocate General for the State.

2. The petitioner, in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which

Patna High Court CWJC No.17092 of 2024(2) dt.13-11-2024 2/3 is reproduced hereinafter:- "i. For issuance of appropriate order/s, direction/s to the respondent concern that grant appointment letter to the petitioner who has selected for appointed on the post of Class-IV employee of Non-Formal Instructors in Department of the Registrar, Cooperation Committee, Cooperative Department, Bihar, Patna on the basis of letter issue by Sanjay Kumar, Additional Secretory-cumDirector, Mass Education Department, Govt. Of Bihar, Patna, passed in memo no- 2035 dated 28.11.2023 (Annexure- P10).

ii. For appropriate order/s, direction/s to the respondent concern to issue appointment letter to the petitioner who has selected and qualified person on the post of Class-IV in Bihar Government Services of Non-Formal Instructors on the basis of Sankalp No- 945 dated 27.04.2017 passed by the Principle Secretary, Education Department, Govt. of Bihar, Patna and Memo No- 2035 dated 28.11.2023 passed by Sanjay Kumar, Additional Secretory-cumDirector, Mass Education Department, Govt. Of Bihar, Patna.

iii. For taken appropriate action against the respondents concern who has not appointed to the petitioner on the basis of Sankalp No- 945 dated 27.04.2017 passed by Principle Secretary, Education Department, Govt. of Bihar, Patna (Annexure-P9) because A petitioner is well qualified persons and fulfill all terms and condition, qualification, abilities which mention in Sankalp No- 945 dated 27.04.2017 but respondent concern not appointed to the petitioner on the post of Class-IV of Bihar Government services and grant compensation amount of petitioner because petitioner not appointed since 2017 to till the date.

iv. For issuance of appropriate rule/s or direction/s of this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which the petitioner may be found entitle thereto."

3. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner's particulars were scrutinized and his case for appointment under SC category was referred by the Additional Chief Secretary, Mass Communication Department, Government of Bihar vide letter

Patna High Court CWJC No.17092 of 2024(2) dt.13-11-2024 3/3 dated 28.11.2023 to the Registrar, Co-operative Society, Bihar immediately within 30 days in terms of the condition contained in letter dated 28.11.2023 and the same is pending before the respondent no.7 (The Registrar, Co-operative Societies).

4. The Registrar, Co-operative Societies (Respondent no.7) is directed to verify the submissions advanced before this Court and recorded in this order on behalf of the petitioner that he had already complied the instruction contained in letter dated 28.11.2023 and his application in due format has been kept pending, which calls for interference of this Court.

5. If the informations given by the petitioner before this Court are correct, the Registrar Co-operative Societies (Respondent no.7) must take steps to appoint the petitioner in accordance with the law expeditiously because the petitioner's right of employment cannot be defeated.

6. With the aforesaid direction/observation, the present writ petition stands disposed of.

(Purnendu Singh, J.) Ashishsingh/- U