The Court directed the concerned authorities to redress the petitioner’s grievance even if he is not qualified for the absorption by the concerned department: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.321 1. Md. Sahroj Alam S o Md. Sidhiki Resident of Village Gyandov Ward No.2 P.O. Amour P.S. Amour District Purnea and worked as Instructor from 1994 to 1994 2. Ajay Kumar S o Anandi Prasad Yadav Resident of Village Devottar P.S Banmankhi District Purnea and worked as Instructor from 1995 2000 ... Petitioner s The State of Bihar through the Chief Secretary Govt. of Bihar Patna The Principal Secretary Education Department Govt. of Bihar Patna The Principal Secretary Department of Personnel and Administrative Reforms Govt. of Bihar Patna The Director Mass Education Govt. of Bihar Patna The District Education Officer Purnea ... Respondent s For the Petitioner s For the Respondent s CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Date : 27 10 2021 Mr.Kumar Vishoka Nand Adv Mr. Abhanjalli AC to GA 12 Learned counsel for the petitioners is hereby directed to furnish a copy of writ petition to the learned counsel for the State 2. In the instant petition petitioners have prayed for “(A) For issuance of an appropriate writ order direction especially in the nature of mandamus directing the respondents authority to absorb the petitioner on the post of class II to class IV under the employment of State Govt. as the petitioner is exinstructors of non formal education including the order several rounds respondents authorities have already absorbed Patna High Court CWJC No.321 dt.27 10 2021 the non formal supervisor class III post in the light of order passed by this Hon’ble Court B) For issuance of any appropriate writ(s) rules or direction especially in the nature of mandamus direction the respondents give a similar treat as the case of other several similar situated has been considered by this Hon’ble High Court as well as by the Hon’ble Apex Court C) For issuance of an appropriate writ(s) rules or direction this Hon’ble Court may found fit and proper to the facts and circumstances of the case as well as for which the case petitioner may be found entitled their.” 3. The grievance of the petitioners is only for issuance of direction to the concerned respondent to consider their names for absorption in the concerned department 4. The concerned department is hereby directed to take note of the grievance of the petitioners and redress the same in accordance with law to the extent that whether petitioners are entitled for absorption in the respective department or not. If the petitioners fulfill the requisite criteria for absorption in such manner necessary action to be taken to absorb their services in the concerned department. In the event petitioners are not entitled to absorb in the respective department necessary speaking order shall be passed and communicated to the respective petitioners Above exercise be completed within a period of four months from the date of receipt of this order Patna High Court CWJC No.321 dt.27 10 2021 5. With the aforesaid observation the writ petition stands disposed of. P. B. Bajanthri J

Summary: The petitioner filed a writ petition pleading the court to direct a writ petition in the form of mandamus in order to get consumed by the concerned department for the opportunity. the court after considering all facts and circumstances passed the order in favor of the petitioner thereby directing the authorities to take the required steps. The Hon’ble High Court of Patna before Mr. Justice P. B. Bajanthri in the Md. Sahroj Alam and Ors v. The State of Bihar and Ors[Civil Writ Jurisdiction Case No.35 of 2021].  The facts of the case were that the petitioner filed a writ petition and plead for the issuance of an order in the form of mandamus to the authorities as per the employment of the State Government as the petitioner was an exinstructors of non-formal education. He further asked for considering him as equals and giving treatment similar to the other cases of similar nature and passing other necessary orders that the court may find deemed to be fit in the current case. The grievance was only for the issuance of the directions to the concerned authorities to consider the petitioner’s name for the absorption of the available opportunity by the concerned department. The Hon’ble High Court Of Patna hence directed them to take a note of the grievance brought up by the petitioner and the same shall be redressed by the authorities concerned in accordance to law to the valid extent hat whether the petitioner was entitled to and for the absorption of the opportunity in the respective department or not. If the required parameters are fulfilled by the petitioner and in the same manner then the necessary action shall be taken in order to absorb the services in the concerned department. Whereas in the event of non-fulfillment necessary speak orders shall be passed and communicated. The Petition was hence disposed of on the terms and conditions given by the court.