Soni Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.73 of 2016 IN Civil Writ Jurisdiction Case No. 11765 of 2015 =========================================================== Soni Devi wife of Shri Raju Kumar Shrivastava, resident of village - Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran. .... .... Appellant
Versus
1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Govt. of Bihar, Patna.
3. The Collector, West Champaran, Bettiah.
4. The District Teacher Employment Appellate Tribunal, West Champaran, Bettiah.
5. The District Education Officer, West Champaran, Bettiah.
6. The Block Education Officer, Nautan, District - West Champaran.
7. The Mukhiya, Gram Panchayat Raj, Jamunia, Block - Nautan, P.S. - Jagdishpur, District - West Champaran.
8. The Panchayat Secretary, Gram Panchayat Raj, Jamunia, Block - Nautan, P.S. - Jagdshpur, District - West Champaran.
9. The Headmaster, Primary School, Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran.
10. Nurjaha Khatoon, wife of Md. Safique Mian, resident of village - Bahuarwa, P.S. - Jagdishpur, District - West Champaran. .... .... Respondents =========================================================== Appearance :
For the Appellant : Mr. Umesh Chandra Verma Mr. S.K. Thakur, Advocates.
For the Respondents : Mr. S.D. Yadav, AAG 9 Mrs. Shama Sinha, AC to AAG 9 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 21-11-2016 Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present Letters Patent Appeal is against an order passed by the learned Single Bench on 4th of August, 2015 in CWJC No. 11765 of 2015 whereby the writ petition filed by the appellant
Patna High Court LPA No.73 of 2016 dt.21-11-2016 2/3 was dismissed. The writ petition was directed against an order passed by the District Teachers Employment Appellate Authority on 08th of April, 2015 whereby engagement of the appellant on the post of Panchayat Shiksha Mitra was held to be illegal and consequently the termination of her service in the year 2007 was also approved.
3. The learned Single Bench has found that the appellant was not validly appointed inasmuch as she was appointed against the reserved post though she belonged to un-reserved category. The appellant has not been paid even a single paisa after her alleged appointment and that even agreement of 11 months was not executed. The appellant claims that she had been appointed on 23rd of February, 2006 by the Gram Panchayat Raj, Jamuia. It is thereafter, the Bihar Panchayat Teacher Appointment Rules, 2006 came into force which provided adjustment of Shiksha Mitra as Panchayat Teacher on 1st of July, 2006, therefore, the claim of the appellant was that her services could not have been dispensed with by the Mukhiya.
4. The Appellate Authority in its order dated 8th of April, 2015 found that the appellant was appointed against reserved post for female than she belongs to unreserved category. The Appellate Authority examined the record and recorded a finding which has been confirmed by the learned Single Bench.
5. We do not find any patent illegality in the order of the
Patna High Court LPA No.73 of 2016 dt.21-11-2016 3/3 learned Single Bench warranting interference in the present Letters Patent appeal. The appeal is accordingly dismissed. (Hemant Gupta, ACJ) (Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 25.11.2016 Transmission Date N.A.