Bireshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23816 of 2019 ====================================================== 1.

Bireshwar Sah Son of Late Thanedar Sah, Resident of Village- Panditpur, Police Station- Pipra Kothi, District- East Champaran (Motihari). 2.

Prabhat Kiran Singh, Son of Late Ram Charitra Singh, Resident of VillageManin, Police Station- Karnoul, District- Muzaffarpur. 3.

Arshad Hussain, Son of Ainul Haque, Resident of Village- Pratappati, Police Station- Sahebganj, District- Muzaffarpur.

4.

Krishna Kumar Singh, Son of Late Ramashraya Singh, Resident of VillageGokhula, Police Station- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director (Secondary Education) Education Department, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The District Education Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Respondent/s :

Mr.Madanjeet Kumar (GP20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2019 Heard both sides.

The petitioners filed this writ petition to quash the order dated 18.03.2019 passed by the District Education Officer, Muzaffarpur, as contained in Memo No.1074 dated 25.03.2019 by which the petitions of the petitioners for their reappointment after superannuation on the vacant post of Teachers in terms of resolution contained in Memo No.942 dated 02.09.2011 and resolution contained in Memo No.104 dated 23.01.2014 have

Patna High Court CWJC No.23816 of 2019(2) dt.16-12-2019 2/2 been dismissed.

Learned counsel for the petitioners submits that according to the resolution as contained in Memo No.104 dated 23.01.2014, the retired Teachers are to be appointed on contract basis uptill 65 years by the concerned Selection Committee till the appointment of the Regular Teachers in accordance with law. The appointment on contract basis was to be completed by the month of January, 2017. On that ground, the District Education Officer rejected the petitions of the petitioners for their reappointment after their superannuation with liberty to the petitioners that the petitioners may apply after requisition of such appointment in the schools. Now, the process of appointment on contract basis has already been completed and there is no requirement for appointment on contract basis. Having considered the facts aforesaid, I do not find any merit in this writ petition. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) Saurabh/- U