Dharmendra Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2207 of 2019 ======================================================

1. Dharmendra Kumar Singh and Ors Son of Bijendra Kumar Singh Resident of Village- Chandi, Police Station- Charpokhari, District- Bhojpur.

2. Sudhir Kumar Singh Son of Sri Brahama Singh Resident of Village- Chandi, Police Station- Charpokhari, District- Bhojpur.

3. Nargis Saba Wife of Mukhtar Ali Resident of Village- Chandi, Police StationCharpokhari, District- Bhojpur.

4. Golden Kumar D/o of Ashok Kumar Singh Resident of Village- Bahri, Police Station- Charpokhari, District- Bhojpur.

5. Seema Kumari Wife of Ravi Shankar Singh Resident of Village/Mohalla- Jai Prakash Nagar Katira Ara, Police Station- Nawada, District- Bhojpur.

6. Amit Kumar Son of Ramdeo Ram Resident of Village- Kachnath, Police Station- Piro, District- Bhojpur.

7. Manoj Kumar Son of Ramayan Ram Resident of Village- Ratanpur, Police Station- Muffasil Ara, District- Bhojpur.

... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Primary Education, Human Resources Development Dept. Govt. of Bihar, Patna

2. The Director, Primary Education,

3. The District Magistrate, Bhojpur at Ara.

4. The Deputy Development Commissioner, Bhojpur at Ara.

5. The District Education Officer, Bhojpur at Ara.

6. The District Programme Officer Establishment, Bhojpur.

7. The District Panchayati Raj Officer, Bhojpur at Ara.

8. The Block Development Officer, Garhani, Bhojpur.

9. The Block Education Officer, Garhani, Bhojpur.

10. The Panchayat Secretary-Cum-Secretary Teacher Employment Unit, Gram Panchayat, Harpur, District- Bhojpur at Ara.

11. The Mukhiya-Cum-Chairman(Smt. Indu Devi) Village- Chandi, P.S. Charpokhari, District Bhojpur at Ara, Employment Unit, Harpur, District Bhojpur at Ara.

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

For the Petitioner/s :

Mr.Rajiv Ranjan For the Respondent/s :

Mr.Smt Binita Singh ( Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2019 The present writ petition has been filed for quashing the order dated 22.11.2018 passed by the office of Gram Panchayat, Harpur, Block-Garhani under the joint signature of

Patna High Court CWJC No.2207 of 2019(2) dt.14-02-2019 2/3 the Panchayat Secretary-cum-Secretary and Mukhiya-cumChairperson of the Employment unit, Harpur, whereby and whereunder the services of the petitioners herein who are Panchayat Teachers, have been terminated. It is further prayed that the letter dated 25.05.2016 issued by the Education Department, whereby and whereunder directions have been issued for instituting F.I.R. against the Panchayat Teachers, who are possessing forged certificates, be quashed. The learned counsel for the petitioners submits that the petitioners had earlier approached the District Teachers Appointment Appellate Authority, Bhojpur at Ara and the said authority by a judgment dated 09.02.

2015, had held that the District Administration, Bhojpur had issued an order for payment of salaries to the petitioners after 01.04.2011, hence the salaries be paid to the petitioners. It is submitted that various litigations were initiated at the behest of the Mukhia, Gram Panchayat, Harpur, however all of them have ended in a debacle. It is further submitted that though the appointments of the petitioners have been found legal and justified, still by the impugned order dated 22.11.2018, the services of the petitioners have been terminated.

Patna High Court CWJC No.2207 of 2019(2) dt.14-02-2019 3/3 approach the District Teachers Appointment Appellate Authority, Bhojpur at Ara in order to enable them to challenge the order of termination dated 22.11.2018 and the authority be directed to dispose of their cases expeditiously. Having regard to the submissions made by the learned counsel for the petitioners and without expressing any opinion on the merits of the case, the petitioners are permitted to withdraw the present writ petition with liberty to move the District Teachers Appointment Appellate Authority, Bhojpur at Ara and in case, appropriate application is filed within a period of four weeks from today, the case of the petitioners shall be heard on merits without being impeded by the issue of limitation and the same would be disposed of expeditiously after hearing the effected parties.

(Mohit Kumar Shah, J) rinkee/- U