Kumari Sangita Mishra And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16272 of 2013 ======================================================
1. Kumari Sangita Mishra, wife of Hemant Kumar Pandey, resident of Village - Bariyawan, Tola - Pandit Bigha, P.S. Mali, District - Aurangabad.
2. Sanju Kumari, wife of Rajesh Sharma, resident of Village - Mohar Karma, P.S. Mali, District - Aurangabad (Bihar).
3. Santlesh Paswan, son of Tunna Paswan, resident of Village - Bariyawan, P.S. Mali, District - Aurangabad.
.... .... Petitioners
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar, New Secretary, Bailey Road, Patna.
3. The District Programme Officer-cum-District Education Officer, (Establishment) Aurangabad.
4. The Block Development Officer-cum-Executive Officer, Panchayat Samit, Nabinagar, Aurangabad.
5. The Block Education Officer, Nabinagar, Aurangabad. .... .... Respondents ====================================================== Appearance :
For the Petitioners : M/S. Umesh Pathak, Sanjay Kumar Mishra and Shailendra Kumar, Advocates.
For the State : Mr. Amaresh Kumar Sinha, A.C. to G.A. 1. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The following reliefs have been sought for by the petitioners in the present writ application.
"1. That, by this application, the petitioners are invoking the writ jurisdiction of this Hon‟ble Court for issuance of directions to the concerned respondents in the nature of writ of mandamus to appoint the petitioners to the post of Panchayat Shikshak setting aside the part of the
Patna High Court CWJC No.16272 of 2013 (3) dt.22-11-2017 2/3 order contained in Memo No. 558 dated 06.05.2013 issued under the signature of the Block Development Officer-cum-Executive Officer, Panchayat Samiti, Nabinagar, whereby and whereunder the services of the petitioners and others have been terminated even without giving the petitioners an opportunity to the petitioners."
Considering the reliefs as sought for by the petitioners in the present writ application, the petitioners are directed to prefer statutory appeal before the District Appellate Authority, Aurangabad, for redressal of their grievances within a period of thirty days from the date of the order, which shall be disposed of in accordance with law within the statutory period. It has been submitted by learned counsel for the petitioners that the case of the petitioners is squarely covered by the order of this Court passed in the case of (Kalpana Rani Vs. The state of Bihar & Ors)., reported in 2014(2) PLJR 665, paragraph no. 106 in which it has been held that initial appointment as „Panchayat Shiksha Mitra‟ can not be looked into after services of the petitioners have been absorbed as „Panchayat Teacher‟ as the said scheme of „Panchayat Shiksha Mitra‟ is no more in existence.
The District Appellate Authority, Aurangabad,
Patna High Court CWJC No.16272 of 2013 (3) dt.22-11-2017 3/3 while considering the appeal of the petitioners shall consider the submissions made on behalf of the petitioners and pass an appropriate order in accordance with law.
With the aforesaid observations and directions, the present writ application stands disposed of.
U.K./- (Sudhir Singh, J) U