Gajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.885 of 2022 ====================================================== 1.

Gajendra Kumar Son of Shionath Prasad Resident of Village- Malikpura, P.O. Sagher, Sultanpur, P.S. Bhagwanpur Hat, District- Siwan presently posted as Zila Parishad Madhymik Sikshak (Social Science) at Mahant Ramswaroop Das High School, Bahuara Math, Anchal- Mashrak, in the District- of Saran at Chapra.

2.

Suresh Kumar Son of Fulendev Bhagat Resident of Village- Satjora, P.O. Satjora Bazar, P.S. Panapur, District- Saran at Chapra, Presently posted as Zila Parishad Madhyamik Sikshak (Science) at High School, Satjora, Anchal- Panapur, in the District of Saran at Chapra. 3.

Ravindra Kumar Singh Son of Ram Kumar Singh Resident of Village- Pakri Narottam, P.O. Satjora Bazar, P.S. Panapur, District- Saran at Chapra, presently posted as Zila Parishad Madhyamik Sikshak (Science) at K.N. Sharma Higher Secondary School, Faijllalpur, P.S. Baikunthpur, DistrictGopalganj. 4.

Zawed Akhtar Son of Sabir Hussain Resident of Village- Sareya, P.O. Basantpur, P.S. Basantpur, District- Siwan, presently posted as Zila Parishad Madhyamik Shikshak (Social Science) at Upgraded High School, Shekhpura Urdu, P.S. Basantpur, District- Siwan.

5.

Gautam Prasad Son of Lalan Prasad Resident of Village- Mohamadpur, P.O. Aruaan, P.S. Bhagwanpur Hat, District- Siwan, presently posted as Madhyamik Shikshak (Social Science) at Project Girl High School-cumInter College, Bhagwanpur, P.S. Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary/Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Additional Chief Secretary/Principal Secretary/Department of Finance, Government of Bihar, Patna.

4.

The Additional Chief Secretary/Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

5.

The Director, Directorate of Secondary Education, Department of Education, Government of Bihar, Patna.

6.

The Deputy Director of Education, Saran Division, Chapra. 7.

The Deputy Development Commissioner-cum-Chief Executive Officer-cumSecretary, District Board, Saran at Chapra/Gopalganj/Siwan. 8.

The District Education Officer, Saran at Chapra/Gopalganj/Siwan. 9.

The District Programme Officer (Establishment) Saran at Chapra/Gopalganj/Siwan.

10.

The Block Education Officer, Mashrak/Panapur, Saran. 11.

The Block Education Officer, Baikunthpur, Gopalganj.

2/5 12.

The Block Education Officer, Bhagwanpur Hat, Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Jeetendra Narayan, Advocate For the Respondents :

Smt. Binita Singh, (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 08-03-2022 In view of the judgment passed in the case of Suresh Ram Vrs. The State of Bihar & Ors. (C.W.J.C. No. 5489 of 2020) and connected petitions where this Court has held as under:

"13. Having reached to the aforesaid conclusion, this Court directs that all the maters concerning teachers pending before this Court deserve to be first adjudicated on merits and on facts by the concerned relevant District Appellate Authority. If still there is any grievance left, the concerned person would be entitled to take up the matter before the State Appellate Authority and this Court need not deal with such matters at the initial stage.

14. Having stated so, the learned counsel have informed that on account of Pandemic for the last two years, the State Government has not taken any steps for forming District Appellate Authority and the District Appellate Authorities are non-functional in several districts.

15. Accordingly, it is directed that the writ petition and similarly situated other writ petitions are required disposed of in terms as aforesaid with liberty

3/5 to approach the District Appellate Authority. The petitioner would be free to obtain a certified copy of the present petition and the counter affidavit if any filed by the respective State counsel to be made as part of the pleadings and file an application before the District Appellate Authority, who would be entitled to call for the records from the respective schools/establishment/college etc. and after hearing the parties pass a speaking order expeditiously.

16. Learned counsel appearing for the State shall also inform the Chief Secretary and Secretary of Education about the present order and it is directed that the Chief Secretary and the Secretary, Education Department shall take immediate steps for the respective District Appellate Authorities to start their function. The necessary staffs and members shall be appointed as early as possible not later than a period of one month from today. Necessary directions for their functioning shall also be passed accordingly.

17. The writ petitions are accordingly, disposed of."

2. It is informed by the learned counsel for the petitioners that the State Appellate Authority is not entertaining the petition directly on the ground that it is an appellate forum. It is also informed that the State Government has not formed the District Appellate Authority in several districts and the District Appellate Authorities are non-functional. It goes without saying that the very purpose of the Rules of 2020 is to provide alternative and efficacious remedy to the teachers for quick

4/5 redressal of their grievances relating to their services. In circumstances where the District Appellate Authority do not function or the same has not been formed by the State Government, the State Appellate Authority which is the extension of the adjudicating Authority powers given to the District Appellate Authority, can not wash its hands off such cases where the concerned teachers have approached directly the State Appellate Authority for redressal of his/her grievance in situations on account of the District Appellate Authority being non-functioning.

3. The concerned litigants will of-course have to file in affidavit to the effect that the District Appellate Authority is not functioning.

4. If such an affidavit is filed it is expected from the State Appellate Authority to entertain the grievance directly and adjudicate on the merits of the case.

5. In Suresh Ram's case (C.W.J.C. No. 5489 of 2020) and connected petitions this Court has also held that the District Appellate Authority must be made functional within a period of one month by the State Government. In the case of Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors. (C.W.J.C. No. 34 of 2022) this Court has observed that if the

5/5 District Appellate Authority is not functioning, an affidavit may be filed to the said effect before the State Appellate Authority and the State Appellate Authority would be empowered to examine the grievance and pass orders directly or after giving opportunity to the parties.

6. In view of the above, this case is disposed of in aforesaid terms.

(Sanjeev Prakash Sharma, J) Ravi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.03.2022 Transmission Date NA