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Patna High CourtCWJC/11465/2024disposed

Kumari Putul @ Putul Kumari v. The State Of Bihar

2024-08-06Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11465 of 2024 ====================================================== Kumari Putul @ Putul Kumari Wife of Bishwanath Prasad, Resident of Village Rampura Bara, P.O. Alinagar Pali, P.S. Kako Pali, Distt.- Jahanabad. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

The Director of Primary Education, Human Resources Development Depart, Govt. of Bihar, Patna.

3.

The Collector, Arwal.

4.

The District Education Officer, Arwal.

5.

The District Education Officer (estb.) Arwal, District Arwal. 6.

The Block Development Officer, Sonbhadra Banshi Suryapur, District Arwal.

7.

The Block Education Officer, Sonbhadra Bansi Suryapur, District Arwal. 8.

Pachayat Secretary, Gram Panchayat Niyojan Unit, Chamandi, Anchal Sonbhadra Bansi Suryapur, District Arwal.

9.

The Head Master, Prathmic Vidyalaya Gobindpur, Under Gram Panchayat Chamandi, Anchal Sonbhadra Bansisuryapur, District Arwal. 10.

Sanju Kumari Wife of Anil Kumar Village and P.O. Pondil, P.S. Kurtha, Distt. Arwal.

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

For the Petitioner/s :

Mr. Amarendra Narayan, Advocate For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 06-08-2024 Heard learned counsel for the parties.

2. The petitioner has filed this writ petition seeking a direction to the respondents to accept her joining on the post of Panchayat Teacher at Prathmic Vidyalaya Gobindpur, under Gram Panchayat Chamandi, Anchal Sonbhadra Bansi-suryapur, District

Patna High Court CWJC No.11465 of 2024 dt.06-08-2024 2/3 Arwal in terms of the order of this Court dated 06.08.2019 passed in CWJC No. 4298 of 2016 and the order of the District Appellate Authority, Arwal dated 05.10.2023 passed in Appeal No. 06/2019. The petitioner had challenged her termination from service by the respondent authorities dated 09.02.2016 (Annexure-1 of this writ petition) before this Court by filing CWJC No. 4298 of 2016. This Court vide order dated 06.08.2019, passed in the aforesaid writ petition, had remitted the matter back to the District Appellate Authority to decide on the legality of the termination order dated 09.02.2016 issued by the respondent authorities terminating the service of the petitioner from Panchayat Teacher.

3. The District Appellate Authority, Arwal in the Appeal Case No. 06 of 2019 vide order dated 05.10.2023 had found the petitioner's appointment to be in order and had directed the respondents to reinstate the petitioner in service.

4. The petitioner, therefore, in other words, is seeking implementation of the order dated 05.10.2023 passed by the District Appellate Authority, Arwal in the Appeal No. 06/2019.

5. Since the petitioner has a remedy to enforce the decision of the District Appellate Authority, Arwal under the Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal and Appeal) Rules, 2020 before the District Appellate

Patna High Court CWJC No.11465 of 2024 dt.06-08-2024 3/3 Authority itself, this writ petition is hereby disposed of with a liberty to the petitioner to approach the District Appellate Authority for implementation of the decision given by the District Appellate Authority.

(Nani Tagia, J) Nishant/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2024.

Transmission Date NA