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High CourtsDivision Bench(2004) 04 PAT CK 0017

Sudarshan Ram Hajam @ Sudarshan Ram vs The State of Bihar and Others

Patna High Court · Decided on 6 April 2004 · Citation: (2004) 3 PLJR 553

HON’BLE JUDGES
S.N. Hussain, J · Nagendra Rai, J
RESULT
Allowed
CASE NUMBER
C.W.J.C. No. 5548 of 1992

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Judgment

8 paragraphs · 342 words
1.

Heard counsel for the parties.

2.

The present application has been filed against the order dated 20.12.1991 passed by the Director, Secondary Education, Bihar, Patna, whereby the representation filed by the Petitioner in pursuance of the direction issued by this Court in CWJC No. 441 of 1983 has been rejected on the ground that there are only two sanctioned posts of the peon in Jagjiwan Uchch Vidyalaya, Machakia, district Rohtas.

3.

As there are only two sanctioned posts of the Aadeshpal (peon) for which recognition has already been given to services of the persons senior to the Petitioner, the Petitioner''s services could not be recognised after taking over the school in question.

4.

From perusal of the impugned order, it appears that Gaurishankar Singh was appointed in 1972, Mohanlal Jarwar in 1974 and the Petitioner was appointed in 1976. It is admitted position that there are only two sanctioned posts for which service of two persons can be recognised. The case of the Petitioner is that so far as Gaurishankar Singh is concerned, his services have already been adjusted to another school i.e. New Bharat Uchch Vidyalaya vide Annexure-3 and, as such, the Petitioner''s services could be recognised on the second post which became vacant.

5.

No counter affidavit has been filed on behalf of the State to controvert this statement.

6.

In that view of the matter, we are of the opinion that this aspect of the matter has not been considered by the Director, Secondary Education specially in view of the admitted fact that the Petitioner has donated 36 Decimals of land to the school in question.

7.

Accordingly, the impugned order dated 20.12.1991 is quashed and the matter is remitted to the Director, Secondary Education, Bihar, to decide the matter within a period of two months from the date of receipt/production of a copy of this order. As the matter is old one, it is expected that the matter will be decided within the time frame.

8.

In the result, this application is allowed with the aforesaid observation.