Nandlal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.126 of 2024 ====================================================== Nandlal Ray S/o Rajballabh Ray R/o Vill. Ward No 08 Akhtiyarpur, Akbarpur, Sathiauta Bhagwan, Dist. Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secreary, Education Department, Govt. of Bihar, New Secretariat Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat Patna.

3.

The Director, (Pimary Education) Education Department, Govt. of Bihar, New Secretariat Patna.

4.

The District Magistrate, Kaimur.

5.

The District Education Officer, Kaimur 6.

The District Programme Officer (Establishment), Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Raghwendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 01-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has prayed for following reliefs: (i) To quash the memo no.395 dated 23.02.2022 issued by the District Programme Officer (Est.), Kaimur (Bhabhua) whereby and where under the petitioner terminated from service on the ground his training certificate issue from unrecognized institution.

(ii) To further direct to respondent authority to reinstate the petitioner in

Patna High Court CWJC No.126 of 2024 dt.01-03-2024 2/3 service with all consequential benefits and including dues salary as well as current salary with effect from date of appointment 23.02.2022 to till date.

iii. It is further prayed for issuance of an appropriate order/orders in the nature of mandamus directing and commanding the respondents to reinstate the petitioner on the place of his posting as Assistant Teacher in the District of Buxar with all consequential benefits.

(iii) And/or any other appropriate relief (s) to the petitioner for which he may be found entitle under the fact and circumstances.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the judgment dated 28.08.2023 passed in L.P.A. No.1254 of 2016 and other analogous cases. He further submits that some coordinate Bench of this Court has also passed judgment in the case of others and the petitioner's case stands on similar footing.

4. In view of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, this writ application is disposed of with

Patna High Court CWJC No.126 of 2024 dt.01-03-2024 3/3 a direction to the petitioner to file a representation before the District Education Officer, Kaimur (respondent no.5) along with the judgment aforesaid and other documents in support of his claim. The District Education Officer, Kaimur (respondent no.5) shall dispose of the representation of the petitioner by a reasoned and speaking order within four weeks from the date of its receipt.

6. It is made clear that the District Education Officer, Kaimur (respondent no.5) shall be personally responsible for non-compliance of this order within the stipulated period. (Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.03.2024 Transmission Date NA