Neeraj Prasad vs The State Of Bihar Through The ...
2022 Latest Caselaw 948 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8818 of 2021
     ======================================================

Neeraj Prasad Son of Bali Ram Prasad Resident of Budh Vihar colony, NayaTola, Kumhrar, Police Station - Agam Kuan, District- Patna - 800026.

... ... Petitioner/s Versus

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

2. The Director State Project, Bihar Education Project Council, Bihar, Patna.

3. The District Magistrate, Buxar.

4. The District Education Officer, Buxar.

5. The District Programme Officer, Secondary Education, Buxar.

6. The District Programme Officer, Sarv Siksha Abhiyan, Buxar.

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

     For the Petitioner/s   :      Mr. Rakesh Prabhat
     For the Respondent/s   :      Smt. Shilpa Singh (Ga12)
                            :      Mr. Girijish Kumar

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. Counsel for the petitioner is hereby directed to furnish

copy of the writ petition to the counsel for the State/respondents, if it is

not already served.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(i) Issuance of the appropriate writ in the nature of Mandamus to the authority to allow the petitioner to join as Assistant Programmer in Bihar Education Project Council in light of office order under Memo no. 3933 dated 18.07.2018 (Annexure-3) whereby the contract employee of Bihar Patna High Court CWJC No.8818 of 2021 dt.04-02-2022

Secondary Education Project were adjusted after its dissolution, in Bihar Education Project Council, and wherein the petitioner name is figured at Serial No. 27.

(ii) For direction to pay the salary for the period undergone.

(iii) And to pass any other order/ direction for which the petitioner is found to legally entitled under the facts and circumstances of the case."

5. In support of the aforesaid relief, petitioner submitted

representation on 29.10.2018 vide Annexure 4 and thereafter submitted

several representations. The aforesaid representation is pending

consideration before the 6th respondent - The District Programme

Officer, Sarv Siksha Abhiyan, Buxar, therefore, 6 th respondent is hereby

directed to redress the grievance of the petitioner as stated in the

representation and pass a speaking order. If the petitioner is entitled to

any monetary benefit, the same shall be calculated and disbursed. If he

is not entitled, in that event, necessary speaking order shall be passed

and communicated to the petitioner. The above exercise shall be

completed within a period of two months from the date of receipt of this

order.

6. With the above observations, writ petition stands disposed

off.

(P. B. Bajanthri, J) GAURAV S./-

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