Mala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21884 of 2014 ====================================================== Mala Kumari, Wife of Kumar Anshuman Anupam Resident of village - Chandpur, P.S. - Jankinagar, District - Purnea. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Govt. of Bihar, Patna.

3. The Director, Primary Education, Govt. of Bihar, Patna

4. Regional Deputy Director of Education, Purnea.

5. The District Education Officer, Purnea.

6. The District Programme Officer, Establishment Education, Purnea.

7. The Block Education Officer, Banmankhi Block, District - Purnea.

8. The Panchayat Secretary, Chandpur Bhangha Panchayat, Banmankhi, Purnea.

9. The Head Master Primary School, Chandpur Bhangha, Banmankhi, Purnea.

10. The Coordinator, Middle School Sankul Samanwai Kendra, Chandpur Bhangha, Banmankhi, Purnea.

11. Smt. Senurana Patel D/o not known presently Incharge Principal, Primary School, Chandpur, Block Banmnakhi, Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Indeshwari Prasad, AC to GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 05-10-2018 In the present writ application, petitioner has claimed that she is senior amongst teachers as such she is entitled to be declared as Incharge Principal of the School i.e., Primary School, Chandpur Block, Banmankhi.

2. This writ application was filed on 19.12.2014 and after four long years, it was listed for admission but no one appeared on behalf of the petitioner in the instant case to assist the Court. Today, the case has been listed under the heading for dismissal but unfortunately today also no one has appeared in

Patna High Court CWJC No.21884 of 2014 dt.05-10-2018 2/2 the instant case to assist the court. Under the compelling circumstances, the Court is constrained to decide the writ application on the basis of material available on the record.

3. The present writ application, as indicated above, involved the dispute of inter-se seniority of the petitioner and respondent no. 11. In the counter affidavit filed on behalf of the respondent no. 7, a stand has been taken that petitioner is not senior to respondent no. 11 rather respondent no. 11 is senior to the petitioner.

4. In view of the stand taken by the respondent no. 7 in the counter affidavit and the explanation as to seniority of respondent no. 11, the Court does not find any merit in the claim of the petitioner. Accordingly, the writ application stands dismissed.

(Anil Kumar Upadhyay, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date