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Patna High CourtCWJC/337/2020disposed

Subhas Yadav v. The State Of Bihar

2020-02-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.337 of 2020 ====================================================== Subhas Yadav Son of Shri Sheo Mangal Yadav Resident of VillageBishunpura Khurd, Police Station- Ekma, District- Saran. At present posted and working as In-charge Headmaster in Govt. Newly Created Primary School Udasi Baba ke Pokhara, Anchal- Ekma, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Bihar, Patna. 4.

The District Magistrate, Saran.

5.

The District Education Officer, Saran.

6.

The District Programme Officer (Establishment), Saran. 7.

The Block Education Officer, Block- Ekma, District- Saran. 8.

Smt. Sima Kumari Wife of Shri Nagendra Singh Resident of VillageParsagarh, Police Station- Ekma, District- Saran. At present posted and working as Panchayat Teacher in Govt. Newly Created Primary School Udasi Baba ke Pokhara, Anchal- Ekma, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. Leaned counsel appearing on behalf of the petitioner submits that petitioner is senior most teacher and as such he is entitled to continue as In-charge Headmaster of the school in question.

Considering the fact that inter se seniority of the

Patna High Court CWJC No.337 of 2020(2) dt.14-02-2020 2/2 petitioner and the respondent no.8 cannot be adjudicated in the present proceeding and as such the writ petition is disposed of with liberty to the petitioner to approach the District Programme Officer (Establishment), Saran who shall provide hearing to the petitioner and respondent no.8 determine the inter se seniority of the petitioner and respondent no.8 and thereafter take appropriate decision with regard to posting of senior most teacher as In-charge Headmaster of the school in question. Necessary decision in this regard may be taken within a maximum period of sixty days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Ravi/- U