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Patna High CourtCWJC/17877/2019disposed

Priyanka Bhardwaj v. The State Of Bihar

2019-09-03Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17877 of 2019 ====================================================== 1.

Priyanka Bhardwaj D/o Sri Ugendra Bhardwaj, Resident of VillageShiwrajpur, P.O.- Musatafabad, P.S.-Goriyakothi, District-Siwan, Presently Working as Block Teacher in Up-graded Middle School, Shiwrajpur, BlockGoriyakothi, District-Siwan. 2.

Punam Kumari Wife of Sri Manoj Kumar Resident of Village-Shiwrajpur, P.O.- Musatafabad, P.S.-Goriyakothi, District-Siwan, Presently Working as Block Teacher in Up-graded Middle School, Shiwrajpur, Block-Goriyakothi, District-Siwan.

3.

Nandita Bhardwaj D/o Sri Ugendra Bhardwaj Resident of VillageShiwrajpur, P.O.- Musatafabad, P.S.-Goriyakothi, District-Siwan, Presently Working as Block Teacher in Up-graded Middle School, Shiwrajpur, BlockGoriyakothi, District-Siwan. 4.

Reena Kumari D/o Sri Ram Prasad Resident of Village and P.O.- Chainpur, P.S.-Goriyakothi, District-Siwan, Presently Working as Block Teacher in Up-graded Middle School, Sherpur, Block-Goriyakothi, District-Siwan. 5.

Smriti Kumari D/o Late Anil Kumar Singh Resident of Village, P.O. and P.S.-Goriyakothi, District-Siwan, Presently Working as Block Teacher in Up-graded Middle School, Mirzapur, Block-Goriyakothi, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The District Education Officer, Siwan.

3.

The District Programme Officer (Establishment), Siwan. 4.

The Block Development Officer, Goriyakothi, Siwan. 5.

The Block Education Officer, Goriyakothi, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr.Madanjeet Kumar ( Gp20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The grievance of the petitioners in the present case is non compliance of the decision of the District Teachers

Patna High Court CWJC No.17877 of 2019(3) dt.03-09-2019 2/3 Employment Appellate Authority, Siwan dated 11.01.2018. The relevant part of the order of the District Teachers Employment Appellate Authority, Siwan is quoted below:- "14. In the result this appeal is allowed.

The letter number 2652 dated 07.12.2015 issued by member secretary Block appointment committee Goreyakothi and the office order issued by Block Development Officer cum member secretary Block appointment committee Goreyakothi vide memo number 25 dated 09.11.2016 are here by quashed. The appellants Priyanka Bhardwaj, Punam Kumari, Nandita Bhardwaj and Shyam Bahadur Singh are reinstated to their service as untrained Block teacher from the date of their termination. The appellants would also be treated as untrained block teacher from the date of their appointment. The respondents are directed to pay the salary of appellants i.e. arrears and current of an untrained block teacher. The appointment committee shall deduct the difference of the salary of trained and untrained teacher paid to appellants from their payments.

Let a copy of this order be send to D.E.O. Siwan, D.P.O. (Establishment), Siwan, Block teachers niyojan unit Block Goreyakothi for needful."

Following the order of the District Teachers Employment Appellate Authority, Siwan have allowed the

Patna High Court CWJC No.17877 of 2019(3) dt.03-09-2019 3/3 petitioners to join vide memo no. 02 dated 09.06.2018. The Executive Officer-cum-Block Development Officer-cumSecretary Employment Unit has allowed the joining of the petitioners but the petitioners have not been paid salary. Considering the aforesaid, the writ application is disposed of with a direction to the respondents to ensure payment of untrained teachers to these petitioners in light of the order passed by the District Teachers Employment Appellate Authority, Siwan contained in Annexure-3 at the earliest preferably within a period of 60 days from the date of receipt/ production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U