Rashmi Rani And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3347 of 2018 ======================================================

1. Rashmi Rani, D/o Sri Ram Kumar Mandal, Resident of Village- Belaha, P.S.- Phulparas, District- Madhubani.

2. Jyoti Kumari, D/o Sri Ram Kumar Mandal, W/o Manoj Kumar Mandal, Resident of Village- Belaha, P.S.- Phulparas, District- Madhubani. .... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Education Department (Primary Education), Bihar, Patna.

2. The Principal Secretary (Primary Education), Human Resources Development Department, Govt. of Bihar, Patna.

3. The District Programme Officer, Madhubani.

4. The Block Development Officer, Laukahi, District- Madhubani.

5. The Pramukhm Laukahi Panchayat Samiti, District- Madhubani.

6. The Pramukh, Laukahi Panchayat Samiti, District- Madhubani.

7. The Block Teachers Selection Committee, Laukahi, DistrictMadhubani.

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

For the Petitioners : Mr. Kripa Nand Jha, Advocate. For the Respondents : Smt.Binita Singh, S.C. 28. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.

The following reliefs have been sought for by the petitioners in the present writ application.

"1 (I) For issuance of an appropriate direction, order or writ in the nature of „certiorari‟ quashing the Letter No. 245 dated 02.02.2018 and its consequential letter as contained in Memo No. 159 dated 03.02.2018 by which the employment of these petitioners from the post of Block Teacher made in the year have been cancelled arbitrarily with full colourable exercise

Patna High Court CWJC No.3347 of 2018 (3) dt.02-08-2018 2/2 of power and thus the petitioners may kindly be reinstated back in service with all consequential benefits.

II. For holding and declaring that the petitioners employment has been cancelled at the dictate of District Programme Officer, Madhubani, which is unknown to Bihar Panchayat Primary Teacher (Employment and Service Condition) Rule, 2006 and the said arbitrary action has been taken by the D.E.O. Madhubani, only to save his neck from the rigor of contempt proceeding in M.J.C. No. 4163 of 2013."

Considering the facts and circumstances, learned counsel for the petitioners is directed to file a statutory appeal before the District Appellate Authority, Madhubani, within a period of thirty days from the date of the order and the same shall be disposed of in accordance with law within the statutory period. With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U