Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22861 of 2019 ====================================================== Abhishek Kumar Son of Ram Kishore Prasad, Resident of Mohalla- Shankar Sonar Lane, New Godown, Gaya, P.S. Kotwali, District- Gaya, at Present Posted as Block Teacher Middle School Paibigha, P.S.- Main (Belaganj), District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna.

2.

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

The District Education Officer, Gaya.

4.

The District Programme Officer (Establishment), Gaya. 5.

The Block Development Officer, Belaganj, Gaya. 6.

The Block Education Officer, Belaganj, Gaya.

7.

The Chairman School Education Committee Middle School, Paibigha, Belaganj, Gaya.

8.

The Headmaster Middle School Paibigha, Belaganj, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 05-02-2020 The petitioner, a Block Teacher posted in Middle School, Paibigha, Belaganj in the district of Gaya, had been rendering his services but when he was struck by Typhoid, he stopped coming to the school. On his recovery, he wanted to join the school but was not permitted to do so. Because of his absence, he is not being paid his salary and other allowances.

Patna High Court CWJC No.22861 of 2019 dt.05-02-2020 2/3 Several applications have been made by the petitioner before the concerned authorities including the District Education Officer, Gaya but no decision has been taken on the joining of the petitioner or if any decision has been taken, the petitioner has not been apprised of the same.

There appears to be something else than what meets the eye.

Therefore, instead of passing of any specific order in this writ petition, this Court deems it appropriate that in the event of petitioner making a suitable representation before the District Education Officer, Gaya (respondent no.

3) within a period of two weeks, making a request for permitting him to join the school, a decision shall be taken in that regard within a further period of four weeks and such decision shall be communicated to the petitioner. In case there is no difficulty in allowing the petitioner to join his services, such order be passed. If there is any other reason preventing the petitioner from

Patna High Court CWJC No.22861 of 2019 dt.05-02-2020 3/3 joining the school, that also should be made known to the petitioner.

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

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.02.2020 Transmission Date