Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.164 of 2022 In Civil Writ Jurisdiction Case No.2747 of 2022 ====================================================== Rajiv Ranjan S/o Sri Ram Sewak Singh R/o- 105 Atul Gulzar Apartment, Sumitra Devi Path, South Mandiri, P.S.- Buddha Colony, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director of Educational, Saran Division, Chhapra. 5.

The District Education Officer, Saran at Chhapra. 6.

The District Programme Officer (Establishment), Saran Chhapra. 7.

The District Treasury Officer, Saran at Chhapra. 8.

The District Accounts Officer, Saran at Chhapra. 9.

The Block Education Officer, Chhapra Sadar, District - Saran. 10.

The Headmaster-Cum-Drawing and Disbursing Officer, Middle School, Bishnupura, Anchal- Chhapra Sadar, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Ajay Kumar Rastogi (AAG-10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2023 The writ petition was allowed by the impugned judgment which directed that the petitioner would be entitled to prefer an appeal before the District Appellate Authority/ State Appellate Authority, which if done will be taken up the earliest

Patna High Court L.P.A No.164 of 2022 dt.10-10-2023 2/2 and decided within three months. A judgment similar to the petitioner's herein was set aside by a Division Bench. The petitioner herein is a government teacher to whom the Bihar Nationalized Preliminary School Teachers Transfer, Disciplinary Action and Promotion Rules, 2018 apply. The Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal and Appeal) Rules, 2020 do not apply to it was the finding in the decision in L.P.A. 255 of 2022 and connected matters by judgment dated 18.01.2023.

2. Hence, the impugned judgment is set aside and the matter remanded to the learned Single Judge for fresh consideration.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) Anushka/- AFR/NAFR CAV DATE Uploading Date 13.10.2023 Transmission Date