Akhilesh Kumar Choubey vs The State Of Bihar
2022 Latest Caselaw 1148 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8129 of 2021
     ======================================================

1. Akhilesh Kumar Choubey Son of Late Lakhu Dubey Resident of Village and Ward No. 3 Takiya, P.S. - Sasaram, District- Sasaram at Rohtas.

2. Kanhaiya Prasad Son of Raj Bansh Prasad Resident of Village - Kudwa, P.S. Sasaram, District- Sasaram at Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar Through Chief Secretary, Old Secretariat, Patna

2. The Principal Secretary, Department of Home Resources Development, Bihar, Patna

3. The Principal Secretary, Department of Personal and Administrative Reforms, Patna

4. The District Education Officer, Rohtas at Sasaram

5. The Director, Madyamik Shiksha Vidyalaya, Department of Primary and Adult Education, Govt. of Bihar, Patna

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

For the Petitioner/s : Mr. Vikalp For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022

The matter has been heard via video conferencing

due to circumstances prevailing on account of the COVID-19

pandemic.

In the instant petition, petitioners have prayed for

the following relief/reliefs:

For issuance of writ or writs,

order or orders, direction or Patna High Court CWJC No.8129 of 2021 dt.14-02-2022

directions to command upon the

respondents and give direction and

orders to respondents for appointment

or consider sympathetically to the

Anudeshak of the District and State of

Bihar, who has been retrenched of

non-formal Supervisor and non-

formal Instructor and consequently of

closure of scheme in the State of

Bihar. The non-formal Supervisor was

re-habitated pursuant to government

policy decision dated 12.01.2010 but

when it came to Instructor as per

example, on-formal Instructor, they

were high and dry and only then by

instant writ proceeding of this writ

and they were done work as non-

formal Instructor and work for since 3

years from 01.04.1994 to 10.07.1997,

and they have trained so direction and

order may be given for adoption in

above department or any other Patna High Court CWJC No.8129 of 2021 dt.14-02-2022

department of the Supervisor.

The aforesaid relief is not supported by legal or

vested right followed by demand before competent authority.

Thus, the present petition is dismissed in the light

of Apex Court decision in the case of Mani Subrat Jain Vs.

State of Haryana reported in 1977 (1) SCC 486, reserving

liberty to the petitioner to file detailed representation alongwith

any material information so as to claim the relief sought in the

present petition.

Such a representation be furnished within a period

of 8 weeks from the date of receipt of the order. The competent

authority is directed to examine the petitioners' representation at

the earliest.

(P. B. Bajanthri, J) Ankit/-

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                17.02.2022
Transmission Date                 NA