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Patna High CourtCWJC/14986/2024disposed

Indradev Paswan v. The State Of Bihar

2024-10-03Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14986 of 2024 ====================================================== Indradev Paswan, Male, aged about 39 years, S/o-Raghunandan Paswan R/o Village- Chancho, P.O. Nariyana, P.S.- Khaira, District -Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

The District Magistrate, Jamui, District-Jamui. 5.

The District Education Officer, Jamui, District-Jamui. 6.

The District Programme Officer Establishment (Education), Jamui, DistrictJamui. 7.

The Block Education Officer, Block-Jhajha, District-Jamui. 8.

The Panchayat Secretary-Cum-Member Secretary, Gram Panchayat RajBorwa, Block-Jhajha, District-Jamui. 9.

The Headmaster, New Government of Primary School, Ramdih, BlockJhajha, District-Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 03-10-2024 Heard learned counsel for the parties.

2. The petitioner has filed this writ petition challenging the order contained in Memo No. 04, dated 11.05.2023 issued by the Panchayat Secretary-cum-Member Secretary, Panchayat Teacher Appointment/Employment Committee, Borwa, Block - Jhanjha, District - Jamui,

Patna High Court CWJC No.14986 of 2024 dt.03-10-2024 2/3 whereby the appointment of the petitioner as Panchayat Teacher has been cancelled.

3. The petitioner in paragraph no. 43 of the writ petition has stated that the petitioner has approached the District Appellate Authority, Jamui in the first week of August 2024 by submitting an appeal application, but the same was not accepted by the District Appellate Authority, Jamui. Since the District Appellate Authority has been authorized to entertain and adjudicate the appeal application that may be filed by the applicant/petitioner with regard to the service condition of Panchayat Teachers under the provisions of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020, there is no reason why the District Appellate Authority, Jamui shall not entertain the appeal application preferred by the petitioner challenging the termination order of the petitioner from the post of Panchayat Teacher.

4. In view of the above settled legal position, this writ petition is hereby disposed off with a liberty to the petitioner to approach the concerned District Appellate Authority by filing an appeal application challenging the

Patna High Court CWJC No.14986 of 2024 dt.03-10-2024 3/3 termination order of the petitioner from the post of Panchayat Teacher.

5. If such an appeal application is filed by the petitioner challenging the termination of the petitioner from the Panchayat Teacher, the District Appellate Authority, Jamui shall adjudicate it in accordance with law.

6. The writ petition stands disposed off with the above direction.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.10.2024 Transmission Date N/A