Rakesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.885 of 2025 ====================================================== 1.

Rakesh Prasad son of Late Gupteshwar Ram, resident of village- Ishak Bigha, P.S.- Pouthu, District- Aurangabad 2.

Vikash Kumar son of Late Pankaj Kumar Singh resident of village- Indrar, P.S.- Pouthu, District- Aurangabad.

3.

Md. Masihur Rahman son of Late Rezaur Rahman resident of villageKasma, P.S.- Kasma, District- Aurangabad. 4.

Sriom Kumar son of Late Mithilesh Prasad Singh resident of villageMalwan, P.S..-Khudawan, District- Aurangabad. 5.

Brajesh Kumar son of Late Bheshnarayan Yadav resident of villageAkbarpur, P.S..-Daudnagar, District- Aurangabad. 6.

Dhiraj Kumar Singh son of Late Munib Singh resident of villageChamardiha, P.S.- Aurangabad, District- Aurangabad. 7.

Ahmad Raja son of Late Zafar Alam resident of village- Azad Nagar, Ward No. 14, P.S.- Aurangabad, District- Aurangabad. 8.

Rakesh Kumar Singh son of Late Bashishth Singh resident of village- Amba Road, Deo, P.S.- Deo, District- Aurangabad.

9.

Ashwani Kumar Gautam son of Late Nand Kumar Sharm resident of village- Gaini, P.S.- Khudawa, District- Aurangabad. 10.

Abhay Kumar Pandey son of Late Ramchandra Pandey, resident of villageMali Tola, P.S.- Daudnagar, District- Aurangabad. 11.

Sarvadaman Kumar son of Late Ramanuj Sharma resident of village- Sri Krisha Nagar, Near Krishna Kunj, P.S.- Aurangabad, District- Aurangabad. 12.

Anil Kumar Shastri son of Late Vijay Bahadur resident of village- Sonpurwa Chhibbi, P.S.- Rasra, District- Balia (U.P.). 13.

Ravi Ranjan Kumar son of Late Sita Ram Chaudhary resident of villageChatti Bazar, P.S.- Deo, District- Aurangabad. 14.

Kumar Saurav son of Late Naresh Prasad Singh resident of village- Salaiya, P.S.- Salaiya District- Aurangabad.

15.

Deobrat kumar Singh son of Late Shivnandan Singh resident of villageNabinagar, P.S.- Nabinagar, District- Aurangabad. 16.

Arun Kumar son of Late Anugrah Ram resident of village- fulwariya, P.S.- Kutumba, District- Aurangabad.

17.

Rajiv Ranjan Kumar son of Late Ram Narayan Singh resident of villageBasdiha Gopal, P.S.- Kutumba, District- Aurangabad. 18.

Akshay Kumar Suman son of Late Saryu Ram resident of village Deoiara, P.S.- Madanpur, District- Aurangabad.

19.

Md. Equbal Ansari son of Late Md. Allauddin Ansari resident of villageRanjan Market Madanpur, P.S.- Madanpur, District- Aurangabad. 20.

Ram Binay Prasad son of Late Ganesh Prasad resident of village- Chouri, P.S.- Daudnagar, District- Aurangabad.

2/5 21.

Dharmendra Das son of Late Sudeshwar Das resident of village- Madanpur, P.S.- Madanpur, District- Aurangabad.

22.

Randhir Kumar Ratnesh son of Late Ramashray Ram @Ramashray Prasad resident of village- Amauna, P.S.- Daud Nagar, District- Aurangabad. 23.

Md Khaja Hassan @ Md. Khaja Hasson son of Late Md. Muslim resident of village- Ward No. 14, Azad Nagar, P.S.- Town, District- Aurangabad. 24.

Abhiranjan Kumar son of Late Ram Sakal Singh resident of village- Jalpura, P.S.- Town Aurangabad, District- Aurangabad.

25.

Pinki Kumari daughter of Late Nakool Choudhary resident of villageGermakhap, P.S.- Town, District- Aurangabad. 26.

Dilip Paswan son of Late Yogeshwar Ram resident of village- Manora Bhasgad, P.S.- Obra, District- Aurangabad.

27.

Atul Kumar Sinha son of Late Diwakar Prasad Sinha resident of Ward No. 3 Harijan Tola, Sanichar Bazar, P.S.- Nabinagar, District- Aurangabad. 28.

Ajay Kumar son of Late Arjun Prasad Singh resident of village- Chein, P.S.- Salaiya, District- Aurangabad.

... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Finance, Government of Bihar Patna.

4.

The Accountant General, Bihar, Patna.

5.

The Director, Secondary Education, Government of Bihar, Patna. 6.

The Reginal Deputy Director of Education, Magadh Division Gaya. 7.

The District Magistrate, Aurangabad.

8.

The District Education officer, Aurangabad.

9.

The District Programme officer, (Establishmant) Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Advocate Mr. Alexander Ashok, Advocate For the Respondent/s :

Mr. Y. P. Sinha, AAG 07 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2025 Heard Mr. D. K. Sinha, learned Senior counsel, along with Mr. Alexander Ashok, learned counsel appearing on

3/5 behalf of the petitioners and Mr. Y. P. Sinha, learned AAG 07 appearing on behalf of the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "I. To command the respondents for promotion the petitioners to post of Class III from class IV against reserve vacancies.

II. To command for promotion of the petitioners against vacant/sanction post of Clams-III as the petitioners are working against the post of Class-IV since last 12/13 years in different Government High Schools in Aurangabad district and they also fulfilled all eligibility criteria for promotion against the vacant post of Class-III in Government High Schools of Aurangabad district.

III. And for any other relief/ reliefs for which the petitioners are found to be entitled in the eye of law."

3. Mr. D. K. Sinha, learned Senior counsel, along with Mr. Alexander Ashok, learned counsel appearing on behalf of the petitioners informs this Court that vide order dated 22.03.2022 passed in CWJC No.12 of 2021, the writ petition was disposed of and it was observed that if an appeal is preferred before the District Appellate Authority/State Appellate Authority, the same shall be decided within a period of three months. The petitioners, thereafter, preferred an appeal before the State Appellate Authority and vide order dated 14.12.2022 passed in O.A. No.513/2022 (Annexure -P/8) learned tribunal directed the District Education Officer concerned to redress the

4/5 grievances of the petitioners by taking a decision well within a period of six months. However, the District Education Officer, Aurangabad is sitting tight over the matter and had not taken any steps to redress the grievances of the petitioners and has also disobeyed the order passed by the State Appellate Authority.

4. Considering the aforesaid submission and information given on behalf of the petitioners, this Court finds that on account of deliberate act on the part of the District Education Officer, who, by delaying to comply with the direction of the learned Tribunal for 2 years, has not redressed the grievance of the petitioners.

5. I direct the Additional Chief Secretary to seek all the relevant particulars relating to the petitioners from the District Education Officer, Aurangabad and seek show cause from him to explain, as to why, he has not immediately taken-up any steps to comply with the order passed by the State Appellate Authority. If required, the Respondent No.3 may also proceed to take appropriate action against the District Education Officer, in accordance with law.

6. As the direction has been specifically given to the District Education Officer, the Additional Chief Secretary,

5/5 Education Department, Government of Bihar must ensure that the order dated 14.12.2022 passed in O. A. No.513 of 2022 is complied forthwith, thereafter, he will inform the same to all the petitioners, well within, a period of three weeks, from the date of communication of this order.

7. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J.) Ashishsingh/- U