Kumari Madhuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1528 of 2023 ====================================================== Kumari Madhuri daughter of Late Guneshwar Mahto Malhipur Tola Ratia Hasanpur District Samastipur Bihar- 848205 at present posted as Incharge Head Mistress, Upgraded Middle School, Dumari, Chhaurahi, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through Principal Secretary, Department of Education, New Secretariat Bailey Road, Govt. of Bihar, Patna. 2.

The Regional Deputy Director, Munger, District- Munger. 3.

District Magistrate, Begusarai, District- Munger. 4.

District Programme Officer (Establishment), Begusarai, District- Begusarai. 5.

District Education Officer, Begusarai, District- Begusarai. 6.

Block Education Officer, Chhauhari, District- Begusarai. 7.

Dhiraj Kumar, Assistant Teacher Upgraded Middle School, Dumaria, Chhaurahi, District- Begusarai.

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

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the State :

Mr. Subhash Chandra Mishra ( Sc 16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-02-2023

1. The petitioner by way of this writ petition has prayed as under :- "That this writ petition is directed for issuance of writ/ writs, order / orders, direction / directions to the respondents authorities to I) remain the petitioner as in-charge headmistress of the Upgraded Middle School, Dumari, Chhaurahi, District - Begusarai as the senior most teacher in the said school as the petitioner should be compelled to work under her junior ii) also for

Patna High Court CWJC No.1528 of 2023(2) dt.25-02-2023 2/2 quashing the impugned order bearing memo no. - 497 dated 10.11.2022 issued by Block Education officer, Chhaurahi, District - Begusarai and iii) Also quashing of letter no. - 1640 dated 21.12.2022 issued by Regional Deputy Director Education, Munger Commissioner, Munger and operation of impugned order may be stayed till disposal of this case AND/OR pass such other order or orders as your lordships may deem fit and proper."

2. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) gauravkr/Sachin Item No. 23 U