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Patna High CourtL.P.A/354/2015dismissed

Md. Didar Ansari v. The State Of Bihar And ORS

2017-07-11Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.354 of 2015 IN Civil Writ Jurisdiction Case No. 4771 of 2013 =========================================================== Md. Didar Ansari. S/O Md. Israil Ansari. Resident Of Village - Dahuwa, P.O - Dahuwa Baun s iand, P.S - Baunsi, District - Banka. .... .... Appellant

Versus

1. The State of Bihar through the Commissioner cum Secretary Human Resource Development Department, Govt. of Bihar, Patna.

2. The Director Secondary Education, Bihar, Patna.

3. The Deputy Director, Madhyamik Shiksha Karyalaya, Bihar, Patna.

4. The Regional Deputy Director of Education, Bhagalpur.

5. The District Education Officer, Banka.

6. The Secretary Managing Committee, L.N.D. Project Girls High School. Bounsi, District - Banka.

7. The Headmaster L.N.D. Project Girls High School at P.O.+ P.S.- Bounsi, District - Banka.

8. Sarita Kumari, Teacher L.N.D. Project Girls High School at P.O.+ P.S.- Bounsi, District - Banka.

9. Purushottam Tiwary, Assistant Teacher, L.N.D. Project Girls High School at P.O.+ P.S.- Bounsi, District - Banka.

.... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Balram Kapri, Advocate For the Respondent State: Mr. Yogendra Pd. Sinha, AAG-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 11-07-2017 Heard counsel for the appellant and counsel for the State.

Since by judicial orders right from the Patna High Court till the Apex Court the cut off date for recognition of service for employees of a project school has been fixed as 04.02.1989, the learned single Judge committed no error of law by dismissing the

Patna High Court LPA No.354 of 2015 dt.11-07-2017 2/2 writ application of the appellant when admittedly the appellant claimed that he was appointed in the project school in the year 2006. There is no mechanism by which any jugglery could be permitted or allowed to the judicial orders passed on which the recognition to service of employees or teachers of a project school is being given or had been given.

Since the appellant does not come within the parameters, dismissal of the writ application was in order. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.07.2017 Transmission Date N/A