Samir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21056 of 2018 =========================================================== Samir Kumar, s/o Sri Hari Shankar Singh, presently residing at Near BSNL office Sandha, at Sandha, PO-Sandha, PS-ChapraMuffasil, Dist-Saran at present posted as Assistant Teacher, Rajkiya Buniyadi Vidyalaya, Gudri Chapa, PS- Bhagwan Bazar, Dist-Saran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal secretary, Department of Education, Govt. of Bihar, Patna

2. The Director, Primary Education, Government of Bihar, Patna

3. The Regional Deputy Director, Education, Saran Division, Chapra

4. The District Education Officer, Saran

5. The District Programme Officer (Establishment) Saran at Chapra

6. The Block Education officer, ChapraSadar-cum-School Sub-Inspector, Chapra Town, Dist-Saran

7. Gayatri Devi, the in-charge Headmaster, RajkiyaBuniyadi Vidyalaya Gudri Chapra, PS-Bhagwan Bazar, Dist-Saran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar Sinha For the Respondent/s : Mr. Ashutosh Ranjan Pandey -AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 31-10-2018 1.

The short facts of the case are that the petitioner is posted as a teacher in the Rajkiya Buniyadi Vidyalaya, Chapra, Saran and was directed to take charge of the post of in-charge Headmaster by an order dated 22.05.2018, however the predecessor incumbent is refusing to vacate the said post and is not handing over the charge to the petitioner herein. In this regard, the petitioner has pointed out to a letter dated 21.08.2018 issued by the Regional Deputy Director (Education), Saran Division, Chapra whereby and whereunder, the illegal occupant of the post of in-charge Headmaster

Patna High Court CWJC No.21056 of 2018 dt.31-10-2018 2/2 of the aforesaid school has been directed to show cause as to why action be not taken for not handing over the charge. 2.

In view of the limited controversy involved in the present case, I deem it fit and appropriate to dispose of the present writ petition with a direction to the respondent no. 3 to ensure handing over the charge of in-charge Headmaster of the aforesaid school to the petitioner herein within a period of six weeks from today. 3.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.11.2018 Transmission Date NA