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Patna High CourtCWJC/15682/2023disposed

Renu Kumari v. The State Of Bihar

2024-09-11Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15682 of 2023 ====================================================== Renu Kumari Wife of- Dev Kumar Gupta, Resident of Village- Sirsa, PostDalan, P.S.-Katihar, District- Katihar, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Director Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Katihar.

4.

The District Education Officer, Katihar.

5.

The Block Education Officer, Manihari, Katihar. 6.

The Gram Panchayat Raj, Kumaripur, Manihari, Katihar. 7.

The Gram Panchayat Raj, Pagalbari, Manihari, Katihar. 8.

The Mukhiya Gram Panchayat Raj, Pagalbadi, Manihari, Katihar. 9.

The Block Pramukh, Manihari, Katihar.

10.

The Block Public Relation Officer, Manihari, Katihar. 11.

Panchayat Secretary, Pagalbadi, Manihari, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shilpi Keshri, Advocate Ms. Madhuripu Raj, Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 11-09-2024 Heard learned counsel for the parties.

2. By means of this writ petition, the petitioner is seeking a direction to the respondent authorities to issue joining letter and to reinstate her on her previous post (Panchayat Teacher) as per the order dated 18.12.2019, passed in Appeal No. 19 of 2019 by the District Appellate Authority, Katihar. The petitioner is also seeking a direction to the respondent

Patna High Court CWJC No.15682 of 2023(4) dt.11-09-2024 2/3 authorities to comply with the order vide letter No. 1179 dated 07.12.2020 of the District Magistrate, Katihar who has instructed the Block Development Officer, Manihari to issue the joining letter to the petitioner within a period of one week in light of the order dated 18.12.2019, passed in Appeal Case No. 19 of 2019 by the District Appellate Authority, Katihar. The petitioner, in other words, has filed this writ petition for enforcement of the order dated 18.12.2019, passed in Appeal Case No. 19 of 2019 by the District Appellate Authority, Katihar.

3. Having regard to the Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020 under which provision the concerned Appellate Authority has been vested with the power to impose punishment and also to recommend to the concerned Department to initiate departmental proceeding or to take necessary action against the delinquent employer under the provisions of Bihar Service Code/Bihar Panchayat Raj Act 2006/Bihar Municipal Act 2007 and other relevant provisions, in case of noncompliance of the order passed by the Appellate authority by the delinquent officer, this writ petition is hereby disposed of with a liberty granted to the petitioner to approach the concerned District Appellate Authority under Rule 16 of the

Patna High Court CWJC No.15682 of 2023(4) dt.11-09-2024 3/3 Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020 for enforcement of the order passed by it.

4. As and when any application is filed by the petitioner for enforcement of the order dated 18.12.2019, passed in Appeal Case No. 19 of 2019, the concerned District Appellate Authority shall expeditiously proceed, in accordance with law. (Nani Tagia, J) Nishant/- U