Moni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9747 of 2025 ====================================================== Moni Kumari Wife of Sri Ashok Kumar Tiwari Resident of New Professor Colony North J.J. College, P.S.- Ara Nawada, District-Bhojpur at Ara, Bihar802312. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2.
The Additional Chief Secreary, Education Department, Government of Bihar, Patna. 3.
The Director, Primary Education Department, Government of Bihar, Patna. 4.
The District Education Officer, Bhojpur at Ara. 5.
The District Programme Officer, Sarva Shiksha Abhiyan, Bhojpur at Ara. 6.
Niyojan Unit through the Panchayat Secretary, Sundarpur Barja, Ara. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kaushik Ms. Namrata Dubey For the Respondent/s :
Mr.Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2025
1. Heard the parties.
2. The petitioner has filed this writ application for the reliefs enumerated in paragraph no.-1 of this writ petition which are quoted hereinbelow:- (i) For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No. 185 dated 16.01.2025 issued under the signature of District Education Officer, Bhojpur whereby and where under the petitioner who was posted as Panchayat Teacher in Primary School, Sundarpur Barja in the District of Bhojpur, Bihar has been terminated
Patna High Court CWJC No.9747 of 2025(2) dt.23-06-2025 2/3 from service with a further direction that all the salary paid to her from the year 2008 shall be recovered in one installment.
(ii) For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to reinstate the petitioner back in service along with all consequential benefits including the arrears of difference of salary for the period during which the petitioner has been illegally kept out of employment.
(iii) For issuance of an order, direction or an appropriate writ for prohibiting the respondents from recovering the salary paid to the petitioner for the period during which she has rendered her services as a Teacher in pursuance of the impugned order contained in Memo No. 185 dated 16.01.2025, during the pendency of this writ petition.
(iv) For issuance of an order, direction or an appropriate writ for a declaration that the experience certificate issued by Bihar Education Project, Bhojpur certifying that she had worked from July, 2001 to October, 2006 as Academic Support Resource Group (ASRG under the Apna / Angana Vidyalaya at Bhojpur is a valid and genuine certificate.
3. The termination of the petitioner's services as Panchayat Teacher has been done on the ground that experience certificate produced by the petitioner was found forged and fabricated on verification.
Patna High Court CWJC No.9747 of 2025(2) dt.23-06-2025 3/3
4. Learned counsel for the State submits that District Teachers Appellate Authority has been constituted under the Rules for hearing grievances of the teachers and the same is functional. The petitioner has directly approached this Court without availing remedy before the District Teachers Appellate Authority.
5. Considering the aforesaid submissions, this writ application is disposed with liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Bhojpur at Ara. If such appeal is filed within a period of one month from today along with condonation of delay petition, it is expected that the District Teachers Appellate Authority, Bhojpur at Ara shall consider the same on its own merit and shall decide the matter expeditiously preferably within a period of six months thereafter.
(Anil Kumar Sinha, J) praful/- U