Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24680 of 2019 ====================================================== Pankaj Kumar Son of Kailash Prasad Sinha Resident of Village- Itasang, Itasan Bhadwa, P.S. Rahui District- Nalanda- 803119. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Primary Education, Govt. of Bihar, New Secretariat, Patna. 2.

The Under Secretary, Department of Primary Education, Govt. of Bihar, New Secretariat, Patna.

3.

The Director, Department of Primary Education, Govt. of Bihar, New Secretariat, Patna.

4.

The District Magistrate, Nalanda at Biharsharif. 5.

The District Education Officer, Nalanda at Biharsharif. 6.

The District Programme Officer, SAMAGRA SHIKSHA ABHIYAN, Nalanda at Biharsharif.

7.

The District Programme Officer, Establishment, Nalanda at Biharsharif. 8.

The Block Education Officer, Rahui, Nalanda.

9.

Md. Nishat Alam Son of Not known Headmaster, Middle School Sonsha, Govindpur, Nalanda, Presently posted on Deputation as Block Resources Person (BRP) in the Office of the Block Education Officer Rahui, P.S.- Rahui, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vidhan Chandra Pathak For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2019 Heard the learned counsel for the petitioner and

Patna High Court CWJC No.24680 of 2019(2) dt.10-12-2019 2/3 the State.

The petitioner, who claims himself to be the General Secretary of TET Prarambhik Shikshak Sangh, district unit Nalanda, has sought a direction to the respondents to terminate the deputation / posting of private-respondent no. 9, who appears to have been posted for the last several years as Block Resource Person, Rahui, Nalanda and has been made to do a nonteaching work at the instance of the Block Education Officer, Rahui. The consequential prayer of the petitioner is to place Respondent No. 9 at his original place of posting as Headmaster in Middle School, Sonsha in the district of Nalanda.

This writ petition appears to have been filed on a mistaken notion that the petitioner is doing service for the members of the Association in his representative capacity, being the General Secretary of the Association referred to above.

No Social Action Litigation/Public Interest

Patna High Court CWJC No.24680 of 2019(2) dt.10-12-2019 3/3 Litigation can be entertained in a service matter. The petition is highly misconceived, as such it is dismissed.

(Ashutosh Kumar, J) skm/- U