Narendra Kumar Verma v. That State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15712 of 2024 ====================================================== 1.

Narendra Kumar Verma S/o Late Brihaspati Mahto R/o Vill.- Nosra P.S.- Noorsarai, District-Nalanda (Bihar).

2.

Nandlal Prasad, S/o Late Ram Lakhan Prasad R/o vill.- Sikaripar, P.S.- Wen, District- Nalanda (Bihar).

... ... Petitioner/s

Versus

1.

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

2.

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

The Secretary, Bihar Staff Selection Commission, Veterinary College Patna. 4.

The District Magistrate, Nalanda, District- Nalanda. 5.

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

The Drawing and Disbursing Officer, Nalanda, District- Nalanda. 7.

The District Programme Officer, (Establishment), Nalanda, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Sharma, Advocate.

For the Respondent No.3:

Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-10-2024 Heard the learned counsel for the petitioners and learned Advocate Mr. Satyabir Bharti appears on behalf of the Bihar Staff Selection Commission, Patna. No one appears on behalf of the State.

2. The learned counsel appearing on behalf of the Commission at the outset submits that the writ application is not maintainable, as it is barred by the principle of resjudicata and thereafter draws the attention of the Court to Annexure-11 i.e. C.W.J.C. No.21805 of 2012 which was disposed of by an order

Patna High Court CWJC No.15712 of 2024(2) dt.22-10-2024 2/3 dated 19.12.2013. It is submitted that the said writ application was filed by the petitioners seeking quashing of his order of termination dated 14.08.2012 from the post of teachers. It is submitted that the said writ application after considering the case of the petitioners in detail was disposed of with a direction to the petitioners to file a representation before the authority competent. It is submitted that the petitioners in compliance of the order dated 19.12.2013 in C.W.J.C. No.21805 of 2012 filed a representation before the Principal Secretary, Department of Education, which came to be rejected by an order dated 20.03.2015, as would manifest from Annexure-12 to the writ application.

It is submitted that the order of the Principal Secretary, Department of Education, rejecting the representation of the petitioners was challenged in C.W.J.C. No.12847/2015 but C.W.J.C. No.12847/2015 was dismissed by an order dated 20.08.2015. The learned counsel thus submits that the order dated 20.03.2015 was already up-held by this Court in C.W.J.C. No.12847/2015 but still the instant writ application has been filed in the year 2024 again seeking quashing of the order dated 20.03.2015 passed by the Principal Secretary, Department of Education, Govt. of Bihar.

3. The learned counsel appearing on behalf of the

Patna High Court CWJC No.15712 of 2024(2) dt.22-10-2024 3/3 petitioners is not in a position to rebut the submission of the learned counsel appearing on behalf of the Commission.

4. After considering the submission made by the learned counsel appearing on behalf of the Commission, the writ application is dismissed.

(Satyavrat Verma, J) amit/- U T