Shri Ram Rikiyasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17742 of 2023 ====================================================== 1.

Shri Ram Rikiyasan son of Saram Bhuinya, resident of village -Chhali Dohra, Tola Azad Bigha,P.S. and Block Madanpur, District Auragabad. 2.

Naresh Ram @ Naresh Bhuiya, son of Gulayachi Bhuiya, resident of village - Parta, P.S. - Amba, Block - Kutumba, District -Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, education department, Patna, Bihar.

2.

The Secretary, Jan Shiksha, Education department, Patna,Bihar. 3.

The Director, Jan Shiksha Education department, Bihar,Patna. 4.

The State Project Director, Bihar Education project council, Beltron Bhawan, Shastri Nagar, Patna.

5.

The District Magistrate, Aurangabad.

6.

The District Education officer, Aurangabad.

7.

The District Program officer, Aurangabad.

8.

The District Program officer, Sarv Shiksha Abhiyan (SSA) Aurangabad. 9.

The District Program officer, Madhyamik shiksha Shaksharta and R. M. S. A., Aurangabad.

10.

The Block Education Officer Of Kutumba, Aurangabad. 11.

The Block Education Officer Of Madanpur, Aurangabad. 12.

The Block Development Officer, Kutumba, Aurangabad 13.

The Block Development Officer, Madanpur, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Respondent/s :

Mr. Archana Meenakshee ( Gp 6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"For issuance of a writ in nature of mandamus directing the respondents to allow the petitioners to discharge their duty as Tola sevak in their respective school without any hindrance and also for issuance of writ in the nature of certiorari setting aside the termination letter of the petitioners by which the

Patna High Court CWJC No.17742 of 2023(2) dt.03-01-2025 2/2 petitioners have been terminated from their job on the ground that they have educational qualification of Madhyama from Bihar Sanskrit Shiksha Board and the same is not valid qualification for appointment of Tola Sevak and also to direct the respondents to produce the termination letter before this Hon'ble court as the termination letter has not been provided/ issued to the petitioners till now and they have been terminated from their job on oral direction of the respondents and also direct the respondents to pay arrear of salary of the petitioners which is due with the respondents from 2011 till now with interest as per current rate of interest of Fixed deposit and also to direct the respondents to treat the service of the petitioners as continuity in service & give all consequential benefit as per law and/ or for passing any other order/ orders, direction/ directions for which the petitioners is legally entitled in the fact and circumstances of the case. "

3. Learned counsel for the State submits that similar case was decided by a Co-ordinate Bench of this Court in order dated 01.05.2023 passed in C.W.J.C. No. 481 of 2021, in which the Co-ordinate Bench of this Court held that the case of the Tola Sewak is not maintainable.

4. Considering the above-mentioned facts, this writ application stands dismissed.

(Anjani Kumar Sharan, J) anand/- U