Most. Priyanka @ Priyanka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14545 of 2023 ====================================================== Most. Priyanka @ Priyanka Wife of Late Chakresh Pal, Resident of Village - Mapho, P.S.and District - Sheikhpura, at Present Resident of Village and P.O. -Nokhat, P.S.-Sare, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

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

The District Magistrate, Gopalganj.

4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer, Establishment, Gopalganj. 6.

The Block Development Officer, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Respondent/s :

Mr.Jitendra Kr. Roy 1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 23-04-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

I) A writ in the nature of certiorari or any other appropriate writ/writs, order/orders for quashing the order containing Memo No. 296 dated 27.06.2019 issued by the District Education Officer, Gopalganj whereby and whereunder the appointment of the petitioner as a regular teacher on regular pay scale has been cancelled forthwith.

II) A writ in the nature of mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the respondents to reinstate the petitioner on the post of regular teacher and also pay for the same as per the pay scale of regular teacher in the light of the department order containing Memo No. 216 dated 24.07.2023.

III) It is further prayed for to pay the arrears of salary in accordance with the pay scale of regular teacher.

Patna High Court CWJC No.14545 of 2023 dt.23-04-2024 2/2 IV) To any other relief/reliefs to which the petitioner is entitled for.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the order dated 03.01.2024 passed in C.W.J.C. No. 8466 of 2019 and the judgment dated 24.12.2021 passed by a co-ordinate Bench of this Court in C.W.J.C. No. 9179 of 2019 in which it is declared that the respondents shall not interfere with the appointment of the petitioners made on the regular vacant posts of Teacher/Assistant Teachers in the regular pay scale. Hence, the present writ petition can also be disposed of in light of the aforesaid judgment and order.

4. In view of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, this writ application is allowed in terms of the judgment dated 24.12.2021 passed in CWJC No. 9179 of 2019 and the order dated 03.01.2024 passed in C.W.J.C. No. 8466 of 2019.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2024 Transmission Date NA