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Patna High CourtCWJC/9103/2014dismissed

Kumari Arti Mala v. The State Of Bihar And ORS

2016-10-04Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9103 of 2014 =========================================================== Kumari Arti Mala daughter of Sri Surendra Prasad Sah resident of village and Post Orahi, Block Barhara Kothi, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Education Department, Vikash Bhawan, Patna - 800001

2. The District Magistrate, Purnea

3. The District Teachers Employment Tribunal through its Secretary, District Superintending of Education, Purnea

4. The District Superintendent of Education, Purnea

5. The Block Education Officer, Block - Barhara Kothi, District - Purnea .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Jayram Sharma For the Respondent/s :

Mr. Satya Prakash AC to SC-22 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-10-2016 Petitioner was a Panchayat Teacher. Hiring of Panchayat Teacher is a contract with a fixed remuneration. The attributes of a permanent government servant is not available to a Panchayat Teacher.

If that be so, then flowing from the principles of contract for service, payment would only accrue to the petitioner for the period of actual work / service rendered by such person so hired. The principle which is applicable to a permanent government servant cannot be extended to the Panchayat Teachers. Expectation of the petitioner is totally misplaced and

Patna High Court CWJC No.9103 of 2014 dt.04-10-2016 2/2 not supported by law.

Writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 05.10.2016 Transmission Date