IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12196 of 2007 Suresh Kumar, son of Shree Basudeo Pandey, resident of Village Belawa, P.S. Harpur, Dist. East Champaran. --------- Petitioner Versus 1. The State of Bihar through the Education Secretary, Human Resources Development Department, New Secretariat, Patna. 2. The Director (Secondary Education), Human Resources Development Department, Bihar Secondary Education Office, Budh Marg, Patna. 3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 4. The District Education Officer, East Champaran. --------- Respondents ------ 3 01.12.2011 Heard learned counsel for the parties. The petitioner in this writ application has assailed the order of termination dated 3.8.2007, whereby and whereunder, the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, having held that the appointment of the petitioner in a project school of 2nd phase was not made in the prescribed manner, had gone to hold that the claim of the petitioner for continuing in service was fit to be rejected. Learned counsel for the petitioner has submitted that the entire scenario of appointment/approval/termination of service in the project school was examined by the Division Bench of this Court in the case of 2 State of Bihar Vs. Dinesh Thakur and its analogous cases (L.P.A. No. 1492 of 2009), whereby and whereunder, the Division Bench by its order dated 6.4.2010 had directed the Director, Secondary Education to examine the case of those affected persons and also take a decision. In this regard, he has also pointed out that the case of the petitioner as also one Rajiv Kumar Dubey and Indu Kumari covered by the same order of the Deputy Director of Secondary Education dated 30.10.1991 (Annexure-5) was one and the same and that pursuant to the direction of division bench this Court both Rajiv Kumar Dubey and Indu Kumari have been given the relief of reinstatement in service with the stipulated terms and conditions as specified in the order of the Director Secondary Education. In nutshell, learned counsel for the petitioner is of the view that the case of the petitioner and the Rajiv kumar Dubey and Indu Kumari is one and the same and, therefore, the petitioner should also be made entitled for same relief of reinstatement in service. Considering the fact that these 3 aspects have been brought to the notice of this Court in a supplementary affidavit filed only on 3.11.2011, this Court had given an opportunity to the counsel for the State to file a supplementary counter affidavit for explaining the similarity and/or dissimilarity in the case of the petitioner vis-a-vis Rajiv Kumar Dubey and Smt. Indu Kumari. Mr. Anis Akhtar, learned counsel for the State, has however submitted that despite his best of the efforts, he could not receive any instruction. Considering the fact that such issue relating to absorption of the working teaching and non-teaching employees in the project schools of all the three phases had almost become final and whatever had been left out was also sought to be also completed in terms of the order of the division bench this Court in the case of Dinesh Thakur (supra) and that the petitioner’s case also appears to be one on the same footing with that of Rajiv Kumar Dubey which is also covered by the direction given by the division bench in the case of Rajiv kumar Dubey (LPA No. 1533 of 2009), this Court 4 would direct the Director, Secondary Education to examine the claim of the petitioner for his being absorbed/reinstated in service after holding the same nature of enquiry as was directed in the order of this Court dated 6.4.2010 in the case of Dinesh Thakur (supra). This exercise must be completed by the Director of Secondary Education within a period of four months from the date of receipt/production of a copy of this order to be filed by the petitioner along with his representation giving full details of his claim and evidence of his case being similar to Rajiv Kumar Dubey and Indu Kumari. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)