Tetstet Uttrin Niyojit Shikshak Sangh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1509 of 2020 ====================================================== 1.

TETSTET Uttrin Niyojit Shikshak Sangh its Affiliation No.- 327/14 registered office at C/o- Mahasangh Bhawan (Gope Gute) Punaichak Patna through its General Secretary Namely Amit Kumar age- 45 years Mel, son of Arun Kumar Singh, Resident of Village- Ward No. 7 Manchi, P.O.- Bhandari Manchi, Distt.- Sitamarhi.

2.

Mohammad Nazir Hussain son of Mohammad Rahman Ali Resident of Village- Ward No.- 3 Desari, P.S.- Desari, Distt.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna. 3.

The Principal Secretary Urban Development, Govt. of Bihar, Patna. 4.

The Principal Secretary Panchayati Raj, Govt. of Bihar, Patna. 5.

The Director, Primary Education Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2020 Learned counsel for the petitioners is permitted to implead the Commissioner Kendriya Vidhalaya Sangthan as party respondent no.6.

The present writ application has been filed by the petitioners for a declaration that petitioners as Panchayat Teachers are entitled to be treated as Government employee. Learned counsel submits that the petitioners are entitled the benefit to treat them as government employee as they are appointed in the school recognized by the State and

Patna High Court CWJC No.1509 of 2020(3) dt.18-02-2020 2/2 they are paid their salary from the State exchequer. Learned counsel has drawn attention of this Court to the decision of the Division Bench of the Court dated 16.12.2016 where the Division Bench accepted the contention of the State that proginee of Panchayat Teachers are not entitled to be appointed as Aganbari Sevika the Panchayat Teachers were treated as state government employee for disqualification in the matter of appointment of their proginee as Anganbari Sevika.

Without going into the controversy whether the petitioners are government employee are not, the writ petition is disposed of with a direction to the Chief Secretary, Government of Bihar to take appropriate final decision on the claim of the petitioners for determination of their status within a period of four months from a copy of the representation in this regard alongwith a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U