Patna High CourtL.P.A/1565/2013dismissed

Kumari Meera v. The State Of Bihar And ORS

2017-03-03Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1565 of 2013 IN Civil Writ Jurisdiction Case No. 9918 of 2012 ===========================================================

1. Kumari Meera Wife of Ashok Kumar Head Mistress, Upgraded Middle School, Badhail, Khajoraha, Sonebarsa, District Saharsa .... .... Appellant/s

Versus

1. The State Of Bihar

2. The Director, Primary Education, Government of Bihar

3. The Regional Education Deputy Director, Kosi Division, Saharsa

4. The District Education Officer, Saharsa

5. Brajendra Kumar Sahu, Block Education Officer, Sonbarsa Raj, Sehara

6. Smt. Kanti Kumari Wife of Prikar Yadav Resident Of Sakhari Sore Bazar, Saharsa, District Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr Laxmi Narain Das Mr. Subhdeep Das For the Respondent/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-03-2017 Delay of 53 days is condoned. I.A. No.8583 of 2013 is allowed. Matter is taken up on merits thereafter. By order dated 16.7.2013 passed in CWJC No.9918 of 2012, the writ application, which was moved by the appellant, was dismissed refusing to give any relief or a direction to allow her to act as Incharge Headmistress of the school in question. The law is well settled that a Panchayat Teacher has no

Patna High Court LPA No.1565 of 2013 dt.03-03-2017 2/2 right to claim such a position. That position is required to be held by a regular Teacher duly appointed by the State. If this be the position in law then the learned Single Judge has committed no error in dismissing the writ application and passing no order in favour of the appellant to officiate or work as Incharge. Seniority in such cases has no meaning. Certain subsequent developments have taken place, which have been brought on record through supplementary affidavit. That is a new cause on which this Court would not like to express its opinion.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 04.3.2017 Transmission Date NA