Kumari Mamta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4579 of 2019 ====================================================== Kumari Mamta Daughter of Late Kapildeo Tiwary, Resident of VillagePatilar, P.S. Bagha, District- West Champaran, at present Panchayat Teacher, Posted in Primary School, Lagunaha Balak under Block Bagha-1, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education, Vikash Bhawan, Govt. of Bihar, Patna.

3.

The Director, Primary Education Department of Education, Vikash Bhawan, Govt. of Bihar, Patna.

4.

The District Education Officer, West Champaran. 5.

The District Programme Officer (Establishment), West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishnu Kant Dubey For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 11-03-2019 1.

The learned counsel for the petitioner submits that the present writ petition is covered by a judgment rendered by the Hon'ble Apex Court in the case of Mukesh & Another v. State of Bihar and Others reported in (2017) 5 SCC 383. 2.

The learned counsel for the respondents submits that the District Programme Officer (Establishment), West Champaran shall examine the case of the petitioner and take appropriate decision and in case, the case of the petitioner is found to be similar to that of the case of the appellants of the aforesaid judgment rendered by the Apex Court in the case of

Patna High Court CWJC No.4579 of 2019 dt.11-03-2019 2/2 Mukesh & Another (supra).

3.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with liberty to the petitioner to file representation before the respondent no. 5 annexing the copy of the aforesaid judgment within a period of four weeks from today, whereafter the respondent no. 5 shall examine the case of the petitioner in light of the aforesaid judgment in the case of Mukesh & Another (supra) and take a final decision within a period of eight weeks thereafter. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.03.2019 Transmission Date NA