Patna High Court
Kumari Rashmi vs The State Of Bihar And Ors on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21359 of 2018
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Kumari Rashmi D/o- Badshah Singh, resident of Village- Saraiya ward No. 4,
P.S.- Gopalganj, District, Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. Principal Secretary, Department of Human Resources, Government of Bihar,
Patna.
3. Director, Department of Human Resources Primary Education Government
of Bihar, Patna.
4. District Programme Officer Establishment Gopalganj.
5. District Superintendent of Education/District Education Officer, Gopalganj.
6. Block Education Officer, Gopalganj.
7. Block Development Officer, Gopalganj.
8. Principal, Utkramit Madhya Vidyalaya, Kunawa, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar- Gp17
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 23-11-2021
Heard Mr. Pramod Kumar Singh, learned
Advocate for the petitioner and the State.
The services of the petitioner as Teacher has been
terminated because of her unauthorized and unexplained
absence for about four years.
After some arguments, this case was permitted to
be withdrawn by order dated 11.02.2019, in order to
Patna High Court CWJC No.21359 of 2018 dt.23-11-2021
enable the petitioner to prefer an appeal before the District
Teachers Appointment Appellate Authority.
However later, the aforesaid order was recalled on
the statement made by the counsel for the petitioner that
the concerned District Teachers Appellate Authority is not
functional.
That is how the matter was placed before this
Court on an earlier occasion for further consideration, as
the order dated 11.02.2019 was recalled by order dated
26.02.2020.
This Court had asked Mr. L.N. Rastogi, learned
AAG to inform as to why no appointments have till now
been made in the District Teachers Appellate Authority.
This Court has been informed that with the introduction of
the new Act viz. The Bihar State Teaching Institutions
Teachers and Employees (Disputes Redressal and Appeal)
Rules, 2020 having come into force, a fresh advertisement
has been issued and the selection process pursuant to such
advertisement has been completed also. The results have
Patna High Court CWJC No.21359 of 2018 dt.23-11-2021
not been declared only awaiting the vigilance clearance. In
all its probability, this Court has been informed, the vacant
positions in the authority shall be filled and it shall become
functional.
After some arguments, learned counsel for the
petitioner seeks permission to approach the concerned
District Teachers Appellate Authority, whenever it becomes
functional, to give vent to his grievances.
The petition stands dismissed as withdrawn with
the liberty to the petitioner as aforesaid.
Should such an application be filed, it shall be
considered on its own merits without being prejudiced by
the fact that the present petition on behalf of the petitioner
has not been entertained.
(Ashutosh Kumar, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.11.2021
Transmission Date
