Narendra Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14992 of 2024 ====================================================== Narendra Prasad Mandal, Male, aged about 47 years, son of Late Ramdev Prasad Mandal, Resident of village - Ghasitari, P.O.- Telwa Bazar, P.S.- Simultalla, 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 Presiding Officer, District Teachers Appellate Authority, Jamui, District - Jamui.

5.

The District Magistrate, Jamui, District- Jamui. 6.

The Regional Deputy Director of Education, Munger Division, Munger, District - Munger.

7.

The District Programme Officer (Establishment) (Education), Jamui, District - Jamui.

8.

The Block Development Officer Cum Member Secretary, Block Teacher Employment Committee, Jhajha, Block- Jhajha, District- Jamui. 9.

The Block Panchayat Raj Officer, Jhajha, Block - Jhajha, District- Jamui. 10.

The Block Education Officer, Block- Jhajha, 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 Memo No. 8, dated 05.01.2024, issued by the Block Panchayat Raj Officer, Jhajha, District - Jamui,

Patna High Court CWJC No.14992 of 2024 dt.03-10-2024 2/3 whereby the petitioner's employment as Block Teacher has been cancelled.

3. The petitioner by filing an appeal had approached the Regional Deputy Director of Education, Munger Division, Munger challenging the aforesaid impugned order and the Regional Deputy Director of Education, Munger Division, Munger, in terms of the Bihar School Exclusive Teachers Rules, 2023, vide Letter No. 479 dated 09.07.2024 had transferred the appeal preferred by the petitioner to the District Appellate Authority, Jamui. The District Appellate Authority, Jamui, however, has returned the appeal preferred by the petitioner to the Regional Deputy Director of Education, Munger Division, Munger on 31.07.2024.

4. Learned counsel for the petitioner has submitted that the provision of the Bihar School Exclusive Teachers Rules, 2023, which provided the Block/Panchayat Teachers to approach the Appellate Authority (Regional Deputy Director of Education of the concerned Division) has been struck down by this Court.

5. Be that as it may, it has been submitted by the

Patna High Court CWJC No.14992 of 2024 dt.03-10-2024 3/3 learned counsel appearing for the parties that it is admitted legal position that under Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020, the District Appellate Authority has been vested with the power and jurisdiction to resolve the disputes pertaining to recruitment and conditions of service of the Block/Panchayat Teachers.

6. Under the circumstances, this writ petition is disposed off with a liberty to the petitioner to approach the concerned District Appellate Authority for redressal of the grievances raised in this writ petition.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.10.2024 Transmission Date N/A