Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8967 of 2022 ====================================================== Shakuntala Devi W/o Late Shankar Suban Jha, R/o- At and P.O.- Barbigha, Dagarpar, Shamachak, P.S.- Barbigha, District- Shekhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The District Education Officer, Shekhpura.

4.

The District Programme Officer (estt.), Shekhpura. 5.

The Block Development Officer, Block- Barbigha, District- Shekhpura. 6.

The Block Education Officer, Block- Barbigha, District- Shekhpura. 7.

Poonam Kumari W/o- Gopal Krishna Jha, R/o- At and P.O.- Barbigha Bazar, District- Shekhpura.

8.

Kumari Nutan W/o- Murari Krishna Jha, R/o- At and P.O.- Barbigha Bazar, District- Shekhpura.

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Adv.

For the Respondent/s :

Smt. Shilpa Singh ( GA-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 02-02-2023

1. The petitioner has prayed the following relief(s):- (I) To hold the continuance of Respondent No.7, Poonam Kumari on the post of Panchayat Teacher, (at present working as acting headmistress) Primary School, Madarichak, Ward No.1, Nagar Parishad, Block-Barbigha, District-Shekhpura, as illegal and declare her as Usurper on this public post, who is not entitle to hold any civil post on the ground that she has procure appointment on the basis of fraud and further direct the respondent authority to recover the entire government money which has been paid to her since the date of his appointment.

(ii) To hold the continuance of Respondent no.8, Kumari Nutan on the post of Panchayat Teacher, D.A.V.

Patna High Court CWJC No.8967 of 2022(3) dt.02-02-2023 2/2 Middle School, Barbigha Chandu Kuan, Block-Barbigha, District-Shekhpura, as illegal and declare her as Usurper on this public post, who is not entitle to hold any civil post on the ground that she has procure appointment on the basis of fraud and further direct the respondent authority to recover the entire government money which has been paid to her since the date of his appointment.

(iii) To take appropriate legal action against the concern officials who without proper verification of the fact that Resp. No.7 & 8 have obtained their appointment on fraudulent basis has allowed him to continue till date.

2. Considering it that this matter is covered by the judgment, dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported in 2022(2) B.L.J., 381, 2022 (2) PLJR, 80 and the judgment dated 07.03.2022, passed in C.W.J.C. No.34 of 2022 (Minakshi @ Sushre Minakshi & Ars. Vrs. The State of Bihar & Ors), this writ petition is disposed of with the above terms.

(Sanjeev Prakash Sharma, J) amit/- Item no.10 U