Farzana Anjum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16123 of 2021 ====================================================== Farzana Anjum D/o Abdul Wase Siddique @ Abdul Wase C/o Sujat Hussain, R/o Data Kambal Sah Road, Imambada Chauk, P.O.- Head Post Office, District- Muzaffarpur was working as Talimi Markaj Siksha Swamsevi, Urdu Middle School, Pakki Sarai, Balak, Nagar Kshetra, Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary cum Additional Chief Secretary, Education Department, Bihar, Patna. 2.

The Secretary, Education Department, Bihar, Patna. 3.

The Director, Mass Education cum Addl. Secretary, Education Department, Bihar, Patna.

4.

The District Magistrate, Muzaffarpur.

5.

The District Education Officer, (Literacy) Muzaffarpur. 6.

The District Program Officer, Secondary Education and Literacy, Muzaffarpur.

7.

The School Sub Inspector, Nagar Kshetra, Muzaffarpur. 8.

The Headmaster cum Ex-officio Member, Selection/Steering Committee, Urdu Middle School, Pakki Sarai, Balak, Nagar Kshetra Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra (SC-16) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2025 Heard Mr. Manoj Kumar Manoj, learned counsel appearing on behalf of the petitioner and Ms. Subhash Chandra Mishra, learned SC 16 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1. That this application is for issuance of appropriate writ/writs for quashing and setting aside the letter bearing Memo No. 247 dt. 22.12.2020 issued by

Patna High Court CWJC No.16123 of 2021(3) dt.05-05-2025 2/2 Respondent no. -6 further to set aside letter no. - 1544 dt. 29.09.2020 (Annexure-11) issued by Respondent no.-3 to the extent of Petitioner by which Petitioner have been wrongly and illegally terminated form service while working as Talimi Markaj in violation of Principles of natural justice and fair play and also the approval earlier accorded has been withdrawn wrongly and illegally, Further by commanding the Respondents to reinstate the Petitioner with all consequential benefits and payment of Arrears of salary/emoluments from August 2015 till October 2019 and from February 2020 till date, in the interest of justice."

3. There is no merit in the present writ petition and no writ can be issued in view of the fact that the petitioner has voluntarily performed the duty of Talimi Markaj for the upliftment of the downtrodden members of her community. The law is well settled in this regard by the Division Bench of this Court in CWJC No.11447 of 2018 (Md. Ejaaz Kauser Khan and Ors. Vs. The State of Bihar and Ors.) alongwith analogous cases and in LPA No.2185 of 2015 (Ram Lakhan Ram Vs. State of Bihar and Ors.).

4. Accordingly, the present writ petition stands disposed with a liberty to the petitioner to avail appropriate remedy, as and when, occasion so arises.

(Purnendu Singh, J) Niraj/- U