Ramashish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18849 of 2024 ====================================================== Ramashish Paswan son of Late Mouji Paswan, resident of Village-Alamchak, P.O. and P.S.-Mansurchak, District-Begusarai ... Petitioner

Versus

1.

The State of Bihar through Addl. Chief Secretary, Department of Education Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Education Officer, Shekhpura.

4.

The District Program Officer (Establishment), Shekhpura. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ganesh Prasad Singh, Advocate For the Respondents :

Mr.Saurabh Kumar, Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the petitioners and the State.

2. Writ petition has been filed for following reliefs:- "(I) To issue direction, order or writ in the nature of Mandamus, or any other appropriate writ/writs, order/orders, direction/directions, commanding the respondents to pay arrear of salary from the month of February 2012 to January 2024, periods the respondent authority has restrained to the petitioner to perform his duty on the post of Assistant Teacher as the petitioner was selected on the said post, and after due counselling allotted him District Shekhpura for a direction to the respondents to taposting against 34540 vacant post after followed due procedure and selection and also on the recommendations of Hon'ble Apex Court but after long litigation vide order dated 06.02.2024 respondent has issued appointment letter in favor of the petitioner and posted him although other selected persons were posted in the month of February, 2012 and allowed them to work.

(II). To issue a direction, order, or writ upon the respondents to grant all subsequent benefit to the petitioner from the initial date of selection/appointment, the similarly situated persons have given as after intervention of this Hon'ble Court after long litigation and delay of about 12 years respondents have allowed to join on the post of Assistant Teacher (Trained)34540 grade, and also similarly situated persons have already been granted the same benefit in light of judgment rendered in L.P.A. No. 1254 of 2016, and

Patna High Court CWJC No.18849 of 2024(2) dt.12-12-2024 2/2 analogous matter, L.P.A. No. 1309 of 2017 and L.P.A No. 1310 of 2017."

3. At the outset, learned counsel for the petitioner submits that the petitioner may be given liberty to file representation before respondents for redressal of his grievance.

4. In view of the nature of prayer made by learned counsel for the petitioner, let the petitioner file such application before the concerned respondent within a period of six weeks from today.

5. In the event, if such application is filed within the said stipulated period, respondent concerned shall look into the matter and dispose of the same by a reasoned and speaking order in accordance with law after hearing the parties, preferably within a period of six weeks from the date of receipt of the application.

6. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Shashi U