Veena Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4786 of 2020 ====================================================== Veena Kumari, Wife of Nagendra Sharma, Resident of Village, P.O. and P.S.- Goregama, Block-Patori, District-Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna. 2.
The Director, Secondary Education, Bihar, Patna. 3.
The Deputy Director, Secondary Education, Bihar, Patna. 4.
The District Magistrate, Samastipur.
5.
The District Education Officer, Samastipur.
6.
The Principal, Ram Karan Thakur Project Balika Uchha Vidyalaya, Imansarai, Patori, Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha, Sr. Advocate Mr.Pankaj Kr. Sinha, Advocate Mr.Rajesh Ranjan, Advocate For the Respondent/s :
Mr.Madhaw Pd. Yadaw (GP23) Mr.Rajesh Kr. Sinha, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 11-12-2024 The petitioner was a Teacher of Ram Karan Thakur Project Balika Uchha Vidyalaya, Imansarai, Patori, Samastipur. She has filed the instant writ petition for the following reliefs:- (i) For setting aside the office order contained in memo no 125P dated 24.08.18 issued by respondent no.2 with respect to petitioner wherein rejecting the claim of approval of service of petitioner on the post of teacher in Ram Karan Thakur Project Balika Uchha Vidyalaya, Imansarai, Patori, Samastipur, he has illegally, arbitrary recorded that same is due to absent since 01.12.2006 which is unsustainable in the eye of law.
2/7 (ii) For directing the respondents to grant approval of the continuous service of petitioner with effect from 01.01.1989 alongwith consequential payment of arrear salary till 30.11.2006 (since from 01.12.2006 appointed as NIYOJIT teacher and from 10.02.2012 worked as regular teacher till the date of superannuation i.e. till 30.04.14) and to pay pensionary benefit for the aforesaid period such as, pension, gratuity, provident fund, leave encashment and other admissible retiral dues with up to date interest in terms of notification contained in memo no. 98(P) dated 15.06.18 issued by Department of Education, government of Bihar, approving/recognizing the service of teaching and non-teaching employees of Ram Karan Thakur Project Balika Uchha Vidyalaya, Imansarai, Patori, Samastipur and pursuant to which arrear salary have already been paid to other three teaching and non-teaching employees of the school in question.
(iii) For directing the respondents to pass necessary orders granting the relief prayed for forthwith, since the petitioner is suffering from many old aged ailments.
(iv) For any other relief/reliefs to which the petitioner be found entitled to in the facts and circumstances of this case."
2. The petitioner has approached this Court for cancellation of administrative order dated 24th of August, 2018 (Annexure 10). The said order was passed by the Director, Secondary Education, Bihar, Patna, holding, inter alia, that the petitioner was absent unauthorizedly w.e.f. 1st of December, 2006 and therefore she is not entitled to get any benefit of
3/7 payment and other consequential allowances after the said school have declared as the Project School of the Government on the basis of the decision taken by the Bihar State Cabinet on 15th of June, 2018 vide Annexure - 7.
3. It is submitted by the learned Senior Advocate on behalf of the petitioner that this Court in C.W.J.C. No. 18887 of 2008 (Annexure 5) directed the State-Respondents to treat the school where petitioner used to work in as Assistant Teacher as Project School for all purposes and act accordingly. The Government preferred an appeal before the Division Bench of this Court being LPA No. 1754 of 2015 which dismissed on contest. Subsequently, the order of the Appellate Court travelled upto the Hon'ble Apex Court and SLP was also dismissed. Thus, the order passed in C.W.J.C. No. 18887 of 2008 reached its finality.
4/7 संचमानलत करनक हकतक नविदमालय कक नलए नदननांक - 01.01.1989 कक प्रभमावि सक 01 (एक) प्रधमानमाध्यमापक 08 (आठ) सहमायक नशिक्षक 01 (एक) नलनपक एसंवि 02 (दक) पनरचमारनी कक पददों कक सृजन कक संबसंध में प्रशिमासनी पद य सनमनत दमारमा कनी गयनी अनकशिसंसमा पर नदनमाक-05.06.2018 कक आहत मसंनत्रिपनररद कनी बठक में मकद संख्यमा-28 में मसंनत्रिपनररद कनी स्विनीकसृनत कक आलकक में रमामकरर ठमाककर बमानलकमा उच्च नविदमालय इमनसरमाय, पटकरनी, नजलमा- समस्तनीपकर कक विर्ण-1984-85 चरर कक पनरयकजनमा नविदमालय कक रूप में स्थमानपत / संचमानलत करनक एविसं नदननांक-01.01.
4. The above order clearly shows that the school
5/7 where the petitioner used to work was treated as a project school w.e.f. 1st of January, 1989.
5. It is not in dispute that the petitioner used to work in the said school from 2nd of January, 1984 to 30th of November, 2006. She left her service w.e.f. 1st of December, 2006.
6. The concerned authority did not consider the petitioner's claim for financial benefit and other consequential relief on the basis of the decision of the State Cabinet in Department of Education, Government of Bihar dated 5th of June, 2018 that the said school was recognised as Project School since 1st of January, 1989.
7. Since the petitioner was very much in service w.e.f. 1st of January, 1989 to 13th of November, 2006, she is entitled to get all financial benefit of project school relating to her salary and pensionary benefit during the aforementioned period.
8. Learned Advocate for the State-Respondents submits that the Director, Secondary Education, by an order dated 24th of August, 2018 rejected the petitioner's claim for financial benefit on the ground that she was absent from her service continuously since 1st of December, 2006. Secondly, the petitioner approached this Court by filing the instant writ petition in 2020, therefore, the instant writ petition is vitiated by
6/7 delay and laches.
9. This Court is not in a position to accept the contention of the respondents on the ground that the cause of action to file the instant writ petition for the petitioner accrued only after passing of the impugned order dated 24th of August, 2018, therefore, the instant writ petition cannot be said to be vitiated by delay and laches.
10. Moreover, it is not disputed that the petitioner worked as an Assistant Teacher of the school since 1st of January, 1989 to 13th of November, 2016. Therefore, during the said period she is entitled to get financial and other consequential benefits as a Teacher, Project School. The Director, Secondary Education, was absolutely wrong in holding that the petitioner's claim cannot be accepted because of her absence since 1st of December, 2006.
11. An employee is entitled to get financial protection and all benefits during his/her service till the date of continuation of the same. When the Education Department declared the concerned school as a Project School with retrospective effect, the teachers and non-teaching staff, who were working during the said period, is entitled to get the benefit for such period.
7/7
12. Since the petitioner worked as an Assistant from 1st of January, 1989 to 13th of November, 2006, she is entitled to get the arrears salary during the said period as a Project Teacher and subsequently the pensionary benefits, if any.
13. The respondent authority is directed to pass necessary order granting the petitioner appropriate relief as aforesaid within a period of 90 days from the date of communication of this order.
14. In view of the above discussion, the direction contained in Annexure 10 as regards the petitioner is quashed and set aside.
15. The instant writ petition is, thus, disposed of. (Bibek Chaudhuri, J) uttam/- U