IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9304 of 2015
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Indra Prakash Gautam Son of Late Mangal Das resident of Village and P.O- Gonawan, P.S. Harnaut, District Nalanda ... ... Petitioner/s Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Magistrate, Nalanda.
5. The District Education Officer, Nalanda.
6. The Block Development Officer, Harnaut, District- Nalanda.
7. The Block Education Officer Harnaut, District Nalanda.
8. The Panchayat Secretary, Gram Panchayat Gonawan P.S. Harnaut District Nalanda.
9. The Mukhiya Gram Panchayat Gonawan, P.S. Harnaut, District Nalanda.
10. Sanjay Kumar, Son of Sri Krishna Ravidas Resident of Village Chhatiyana, P.S. Harnaut, District Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Kr. Shrivastava, Adv. For the State : Mr. Madhaw Pd. Yadaw, GP 23 Mr. Meera Singh, Ac to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 17-02-2023
1. The petitioner by way of this writ petition has prayed as under :-
"1. That this application is being filed on behalf of the petitioner above named for the following reliefs :-
(i) For issuance of an appropriate writ in Patna High Court CWJC No.9304 of 2015 dt.17-02-2023 2/3 the nature of certiorari for quashing the order dated 25.05.2014 passed by the Respondent No. 9 contained in his Letter No. 08 dated 28.05.2014 whereby and where under Respondent No. 9 has been pleased to declare the appointment of the petitioner as Panchayat Teacher is illegal.
(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authority to pay the entire due remuneration of the petitioner since the date of declaration of his appointment illegal as well as arrears of remuneration prior to that.
(iii) Further for issuance of any other appropriate writ/writs, order/orders, direction/directions as your lordships may seems fit and equitable under the facts and circumstances of the case."
2. Admittedly, the petitioner is a Panchayat Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file Patna High Court CWJC No.9304 of 2015 dt.17-02-2023 3/3 appeal before the concerned District Appellate Authority.
(Sanjeev Prakash Sharma, J) Sachin/-
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