Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22544 of 2019 ====================================================== 1.

Kiran Kumari W/o Rajeev Kumar Mishra, Resident of Village-Jadupatti, Simri, P.O.-Jadupatti Bazar, District-Sitamarhi. 2.

Sweta Kumari W/o Ashok KUmar Mehta Resident of Village-Bhala Bags, P.O.-Jiraul, P.S.-Khirhar, District-Madhubani. 3.

Rakesh Kumar Jha S/o Navochand Jha, Resident of Village-Laheriaganj, Madhubani, Ward No. 13, Bhagat Singh Colony, District-Madhubani. 4.

Bipin KUmar Jha S/o Sri Udaykant Jha, Resident of Village and P.O.- Manpaur, Via-Khirhar, District-Madhubani.

5.

Braj Bhushan Kumar S/o Dhairyanath Jha, Resident of Village-P.S.-Sonai, District-Madhubani 6.

Sanjay KUmar Shah S/o Sri Rajendra Prasad Sah, Resident of VillageBaukaha, P.O.-Salempur, P.S.-Saharghat, District-Madhubani.Madhubani. 7.

Bibha Kumari W/o Shambhu Kumar Yadav, Resident of VillageMukhiyapatti, P.O. and P.S.-Shaharghat, District-Madhubani. 8.

Upendra Prasad S/o Banarshi Prasad, Resident of Village-Bihta, P.S.- Benipatti, District-Madhubani.

9.

Ramjee Sah S/o Sri Prayag Sah Resident of Village and P.O.-Raima, ViaSaharghat, District-Madhubani. 10.

Prashant Ranjan Kumar S/o Sri Ravindra Nath Jha, Resident of Village and P.O.-Sonai, Via-Saharghat, District-Madhubani. 11.

Randhir Kumar Mishra Son of Yugal Kishore Mishra, Resident of Village and P.O.-Awari, Via-Saharghat, District-Madhubani. 12.

Awadhesh Kumar Jha @ Awadhesh Kumar S/o Sri Bechan Jha, Resident of Village and P.O.-Sonai, Via-Saharghat, District-Madhubani. 13.

Sri Somnath Jha S/o Sri Chandra Nath Jha, Resident of Village-Basauli, P.S.- Rajika, District-Madhubani.

14.

Reeta Devi W/o Amar KUmar Sah Resident of Village-Raima, P.O.-P.S.- Saharghat, District-Madhubani.

15.

Neeraj Kumar Rai S/o Sri Amod Chandra Rai, Resident of Village-Saotha, P.S.-Benipatti, District-Madhubani.

16.

Manoj Paswan S/o Arjun Paswan, Resident of Village-Bishnupur, P.O. and P.S.-Arer, District-Madhubani.

17.

Akhilesh Kumar Singh S/o Ram Kripal Singh Resident of Village and P.O.- Sonai, Via-Sajharghat, District-Madhubani.

18.

Pramod Kumar Jha S/o Late Kamala Kant Jha, Resident of VillageMangarhatta, P.S.-Sonai, Via-Saharghat, District-Madhubani. 19.

Amod Kumar Jha S/o Late Kamala Kant Jha, Resident of VillageMangarhatta, P.O.-Sonai, Via-Saharghat, District-Madhubani. 20.

Manish KUmar S/o Sri Shyam Sindar Sah, Resident of VillagePaigambarpur, P.O.-Darima, Via-Kewati, District-Darbhangan

2/5 21.

Manoj KUmar Thakur S/o Jagdish Thakur, R/o Village-Kanherpatti, P.O.- Koath, Barhi, Via-Saharghat, District-Madhubani 22.

Bindeshwar Paswan S/o Lakhindra Paswan R/o Belmohan, P.O.-Sudai Ratauli, Via-Ghoghardiha, Distirct-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna.

2.

The Director Primary Education Bihar, Patna.

3.

The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

4.

The District Magistrate, Madhubani.

5.

The District Education Oficer, Madhubani.

6.

THe Distirct Programme Officer (Establishment), Madhubani 7.

THe Block Development Officer, Madhwapur, District-Madhubani. 8.

The Block Education Officer, Madhwapur, District-Madhubani. 9.

The Panchayat Secretary, Village-Panchayat Raj, Sahar P.S.-Kadhwapur, District-Madhubani 10.

The Panchayat Secretary, Village-Panchayat Raj, Pihwara, P.S.-Madhwapur, District-Madhubani.

11.

The Panchayat Secretary, Village-Panchayat Raj, Salempur, P.S.- Madhwapur, District-Madhubani.

12.

The Mukhiya Village-Panchayat Raj, Sahar,, P.S.-Madhwapur, DistrictMadhubani. 13.

The Mukhiya Village-Panchayat Raj, Pihwara, P.S.-Madhwapur, DistrictMadhubani. 14.

The Mukhiya Village-Panchayat Raj, Salempur, P.S.-Madhwapur, DistrictMadhubani. 15.

The Mukhiya Village-Panchayat Raj, Sohar, P.S.-Madhwapur, DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Respondent/s :

Mr.Prabhakar Jha (GP22) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-08-2025 Heard Mr. Ratnakar Jha, learned counsel for the petitioners and Mr. Prabhakar Jha, learned counsel for the

3/5 Respondent-State.

2. Altogether 22 writ petitioners are before this Court seeking direction upon the Respondents to make payment of salary to the petitioners for the period they have discharged their duties on the post of Block Teachers and Panchayat Teachers within Madhwapur Block of Madhubani.

3. Learned counsel for the petitioners submits that one SIT was constituted, which has also submitted its report but no hearing was given to these petitioners and further the name of these petitioners are not mentioned in the SIT report disputing their claims. It is the case of the petitioners that these petitioners are still working and they are discharging their duties.

4. At this stage, learned counsel for the petitioners submits that out of twenty two petitioners, two persons, namely, petitioner no.9, Ramjee Sah S/o Sri Prayag Sah and petitioner no. 22, Bindeshwar Paswan S/o Lakhindra Paswan have died during the pendency of this petition. Therefore, this writ application is pressed with respect to all the aforesaid petitioners barring petitioners no.9 and 22.

5. On the other hand, learned counsel for the Respondent-State does not dispute the fact that any hearing at

4/5 any point of time was ever given to these petitioners before preparation of the report.

6. In order to buttress, the said report was gone through by him during the course of hearing and admits that there is no mention in the said report that as to whether at any point of time, these petitioners were given hearing.

7. Be that as it may, various documents have been appended to this petition to buttress their claim and to show that these petitioners are still working on the said posts.

8. The next submission of the State counsel that there is already a forum which is competent to decide all such issues pertaining to appointment, salary and the service dispute.

9. In that view of the matter, this Court finds appropriate that this matter needs to be addressed by giving opportunity to all the stakeholder who are already working on the post of Block Teachers and Panchayat Teachers and connected respondent authority so that the grievances can be properly addressed and adjudicated by the competent authorities.

10. In such view of the matter, these petitioners are directed to file appropriate applications before the District Appellate Authority, who would be obliged to decide the same

5/5 within a period of four months from the date of filing of the representations by the petitioners.

11. The writ petition stands disposed of with the aforesaid observations and direction.

(Ajit Kumar, J) perwez U