Meera Thakur And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16558 of 2015 ====================================================== 1.
Meera Thakur, wife of Sri Vivekanand Thakur, resident of Quarter No. A/33, M.I.T. Campus, M.I.T., P.S. Brahmpura, District - Muzaffarpur. 2.
Amita Kumari, aged about 49 years, old wife of Sri Ajay Kumar resident of Mohalla Sri Krishna Vihar Colony, Jadav Nagar, Bhagalpur, P.S. - Sadar, P.O. Bhagalpur, District - Muzaffarpur.
Both son of late Gopal Pandit, resident of village - Jinpura, P.S. - Bihta, District - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The District Magistrate, Muzaffarpur.
4.
The District Superintendent of Education, Muzaffarpur. 5.
The District Teacher Employment Appellate Authority/Tribunal though its member, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Mahtab Ahmad, Advocate For the State :
Mr. Mukul Prasad, AC to GP 18 Mr. Navnit Kumar, AC to GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2023 Heard the parties.
2. The petitioners by way of this writ petition has prayed as under:
" (i) For issuance of a writ in the nature of certiorari to continue the service of the petitioner w.e.f. 6-2-2010.
(ii) For issuance of writ in the nature of mandamus commanding and directing the concerned respondent i.e., the continuation of the service of the petitioners w.e.f. 6-2-2010 whereas the service of the petitioners have been continued w.e.f. 4-5-2010.
Patna High Court CWJC No.16558 of 2015(3) dt.24-02-2023 2/2 (iii) For directing the concerned respondents that give the benefit of the services w.e.f. 6-2-2010 and the petitioners have been joined the service w.e.f. 17-032007 whereas the service of the petitioners have been discontinued due to the conduct of the respondents and their service has been discontinued from the date of three months i.e. (17-2-2007 to 6-2-2010 and thereafter rejoined on 4-5-2010).
(iv) For other necessary relief/ reliefs to which the petitioners are entitled in the facts and circumstances of the case."
3. Admittedly, the petitioner is a Panchayat Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022
(2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.
(Sanjeev Prakash Sharma, J) Arish/- Item No. 44 U