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Patna High CourtCWJC/14025/2022disposed

Anjani Kumari v. The State Of Bihar

2024-03-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14025 of 2022 ====================================================== Anjani Kumari Wife of Sandeep Kumar, Resident of Mohalla- Magadh Complex Ramraj Singh Maharani Road, New Godown, P.S.- Gaya Kotwali, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

3.

The Director, Primary Education, Department of Education Government of Bihar, Patna.

4.

The Presiding Officer District Appellate Authority, Gaya. 5.

The Collector-cum-District Magistrate, Gaya.

6.

The District Education Officer, Gaya.

7.

The District Programme Officer (Establishment), Gaya. 8.

The Block Education Officer Town, Block- Gaya. 9.

The Mukhiya-cum-President of Gram Panchayat Primary Teachers Employment Committee Ghutiya Gram Panchayat Gaya. 10.

The Gram Panchayat Secretary - cum-Secretary Gram Panchayat Primary Teachers Employment Committee Ghutiya, Gaya.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Mr.Prabhakar Jha, G.P. 27 Mr.Shankar Kumar Thakur, AC to GP 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 22-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The present writ application has been filed for issuance of an appropriate writs/direction for quashing the order as contained in memo no.05 dated 11.05.2022 (Annexure-15)

Patna High Court CWJC No.14025 of 2022 dt.22-03-2024 2/3 passed by Respondent No.10 by which service of the petitioner of Panchayat Teacher has been terminated in very illegal and erroneous manner without following existing provision of law and further to reinstate the petitioner with all consequential benefit treated her trained Panchayat Teacher from date of her initial appointment. And petitioner also pray to make payment of salary with up-to-date interest from November 2020 to November, 2021 and March 2022 as well as April 2022. As similar matter of Nasha Shaista Rizvi bearing CWJC No.4286 of 2018 disposed of on 22.07.2019 reported in 2019 (4) PLJR 166 has already been decided by this Hon'ble Court. The case of petitioner may kindly be allowed in terms of squarely cover matter of Nascha Shaista Rizvi (Annexure-16) and if any other reliefs for which petitioner is found entitled in the facts and circumstances of the case.

3.

Learned counsel for the petitioner is directed to make the R.D.D.E., Gaya as respondent no.11 in course of the day. 4.

Petitioner is directed to file an appeal according to the New Rules, 2023 before the newly added respondent no.11 and the respondent no.11 is well advised to pass a reasoned and speaking order in view of the CWJC No.4286 of 2018 and after affording an opportunity of hearing to the petitioner or his

Patna High Court CWJC No.14025 of 2022 dt.22-03-2024 3/3 counsel. The appeal must be filed within a period of eight weeks from today.

5.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.03.2024 Transmission Date NA