Arvind Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11691 of 2016 =========================================================== Arvind Kumar Singh Son of -Raghunath Singh Resident of vill- Imiliyan, P.S.- Manjhagarh , District- Gopalganj, Presently Incharge Headmaster, Primary School, Imiliyan, Anchal-Manjhagarh, District-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources, Development Department , Government of Bihar, Patna

3. The Director, Primary Education, Government. of Bihar

4. The Regional Deputy Director of Education, Saran at Chhapra

5. The District Magistrate,Gopalganj cum Chairman, Education Project, Gopalganj

6. The District Programme Officer (Establishment ), Gopalganj

7. The District Programme Officer , Prarambhic Shiksha and Sarva Shiksha Abhiyan, Gopalganj

8. The Block Education Extension Officer, Manjhagarh, Gopalganj

9. Premshila Devi W/o Arun Kishore Singh Resident of village - Imiliyan, P.S. - Manjhagarh, District- Gopalganj , Presently Posted as Panchayat Teacher, Primary School, Imiliyan, Anchal Manjhagarh, District- Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shafiur Rahman For the Respondent/s :

Mr. K. P. Yadav, G.P.-11 Mr. Sunil Kumar, AC to GP-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 19-09-2016 Heard learned counsel for the petitioner and counsel for the State.

The State authorities have taken a stand that under the circumstances that the cadre of Assistant Teachers from Primary Schools is going to be a dying cadre and the same is going to be managed only by Panchayat Teachers, therefore, certain changes have been brought about in the Rules, relating to 2012 and 2014.

Patna High Court CWJC No.11691 of 2016 dt.19-09-2016 2/2 Keeping the said into consideration and taking into account the guidelines, which have been issued by the respondentsState authorities, the private-respondent no. 10 has rightly been asked to be Incharge of the school in question. The submission of the counsel for the petitioner that his joining was earlier, by virtue of the fact that he was a Panchayat Shiksha Mitra and the date of joining in the school should be considered as the basis for working out seniority, is a misplaced kind of submission to make, because all these teachers have to be treated by a legal fiction to have been borne in the 'cadre' on 01.07.2006.

If that be so, the date of birth of the private-respondent being 11.07.1975 viz-a-viz the petitioner, whose date of birth is 01.12.1978, she would be required to be given responsibility as incharge.

No interference is required with the impugned order. Writ application is dismissed, accordingly.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 21.09.2016 Transmission Date