The State Of Bihar And ORS v. Jagannath Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.346 of 2019 In Civil Writ Jurisdiction Case No.22864 of 2012 ====================================================== 1.
The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.
The Director Secondary Education, Human Resources Development Department, Govt. of Bihar, Patna.
3.
The Regional Deputy Director of Education, Purnea Division, Purnea. 4.
The District Education Officer, Kishanganj.
... ... Appellant/s
Versus
Jagannath Jha S/o Late Raghunath Jha, R/o Villagle- Daulatpur, P.S.- Palasi, District- Araria, at present Assistant Teacher In Project Girls High SchoolGhanipulsara, P.S.- Terhagachh, District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.S.S. Tiwary ( AC to AAG 15 ) For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 13-05-2025 Re: I.A. No. 01 of 2024 Heard I.A. No. 01 of 2024 for condonation of delay. There is a delay of about 129 days in filing L.P.A. No. 346 of 2019.
2. For the reasons stated in the application read with the affidavit, delay of about 129 days in filing L.P.A. No. 346 of 2019, stands condoned.
Patna High Court L.P.A No.346 of 2019 dt.13-05-2025 2/3
3. Accordingly, I.A. No. 01 of 2024 stands allowed. LPA No. 346 of 2019
4. Learned counsel for the appellant State submitted that the respondent teacher is not entitled to have the benefit of arrears in five installment or lump sum to such of those retired teachers under resolution dated 05.03.2018, only on the score that they do not possess qualification of a trained teacher and they have only graduation degree. To that effect, he has not apprised from the pleadings to the extent that respondent Jagannath Jha, Krishna Chandra Mishra, Rudal Prasad Singh, Kishor Kumar Mishra, Anant Kumar Jha and Chandra Kant Mani are possessing particular qualification and they do not possess graduation trained. In the absence of such pleadings, learned counsel for the appellant State is addressing on this issue that the learned Single Judge has committed error and so also no opportunity has been provided in the writ proceeding and at the admission stage itself and without permitting the appellants to file counter affidavit proceeded to decide CWJC No. 22864 of 2012 and connected matters.
5. Assuming that the learned Single Judge has committed error in not providing opportunity of filing counter affidavit, at the same time learned counsel for the appellant
Patna High Court L.P.A No.346 of 2019 dt.13-05-2025 3/3 State has not pleaded in its LPA in anyone of the para to the extent that the contesting respondent is not possessing certain qualification and he is required to fulfill trained graduate qualification. In the absence of such pleadings, the appellants have not made out a case.
6. Accordingly, LPA stands dismissed.
(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2025 Transmission Date NA