Sikandar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.474 of 2016 Arising out of Civil Writ Jurisdiction Case No. 10236 of 2014 =========================================================== Sikandar Ram, S/O Banarsi Ram, resident of Village- Kamathan Tilaknagar, P.OAmba, P.S.- Alauli, District- Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar, through Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

2. The Joint Secretary, Human Resource Development Department, Government of Bihar, Patna.

3. The District Appellate Authority of presiding Officer, Khagaria.

4. The Collector-cum-District- Magistrate, Khagaria.

5. The District Education Officer, Khagaria.

6. The Block Education Officer, Alauli Block, Khagaria.

7. The Block Development Officer, Alauli Block, Khagaria.

8. The Mukhia, Gram Panchayat Raj Amba Icharua P.S.- Alauli, DistrictKhagaria.

9. The Secretry, Gram Panchayat Raj Amba Icharua P.S.- Alauli, DistrictKhagaria.

10. The Headmaster, Middle School Kamathan, Block Alauli, District- Khagaria.

11. Shravan Kumar Ram, S/O Ram Prakash Ram, Panchayat Teacher, Upgraded Middle School Kamathan, Amba- Icharua, Block- Alauli, District- Khagaria. .... .... Respondent/s =========================================================== Appearance :

For the Appellant : Mr. Tarun Kumar Sinha, Advocate For the State : Mr. Brajesh Kumar, AC to AAG-4 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 22-02-2017 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 25th of January, 2016 in C.W.J.C. No. 10236 of 2014 whereby, the absorption of Respondent No.11 as Panchayat teacher was not interfered with,

Patna High Court LPA No.474 of 2016 dt.22-02-2017 2/3 inter alia, on the ground of delay and laches and also in view of the Full Bench Judgment of this Court reported as Kalpana Rani vs. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar & Ors., 2014 (2) PLJR 665.

In fact, it transpires that the appellant was not a candidate for the post of Shiksha Mitra when Respondent No.11 was appointed as Shiksha Mitra in the year 2003. The appellant chose to apply for appointment as Panchayat teacher in the year 2006 after framing of the Rules, but not in response of any advertisement. Since the post of Panchayat teacher was never advertised, the claim of the appellant for appointment as Panchayat teacher could not be considered and has rightly not been considered. The appellant approached District Teachers Employment Appellate Authority against the appointment of respondent No. 11, in which the appellant was not a candidate, which declined the claim of the petitioner on 15.05.2010. Such order was challenged by the appellant before this Court in 2014. It is the said writ application, which has been dismissed on the ground of delay and laches. We find that the appellant was never competing with Respondent No.11 for the post of Shiksha Mitra and could not have disputed his appointment as Shiksha Mitra and later absorption as

Patna High Court LPA No.474 of 2016 dt.22-02-2017 3/3 Panchayat teacher in terms of Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006. Therefore, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present Letters Patent Appeal. The same is dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.03.2017 Transmission Date N.A.