Mamata Kumari vs The State Of Bihar
2021 Latest Caselaw 5488 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21495 of 2019
     ======================================================

Mamata Kumari, Wife of Sri Yogendra Kumar, Resident of Sri Ram Nagar, Hajiyapur, Ward No. 26, P.s. Gopalganj Town, District-Gopalganj.

... ... Petitioner/s Versus

1. The State of Bihar through the Principle Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

2. The District Education Officer, Gopalganj.

3. The District Programme Officer (Establishment), Gopalganj.

4. The Block Education Officer, Phulwariya, District-Gopalganj.

5. The Headmaster, New Primary School, Manjha Chaturbhuj, Anchal-

Phulwariya, District-Gopalganj.

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

For the Petitioner/s : Mr. Shyama Kant Singh, Advocate Mr. Bipin Bihari Singh, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 24-11-2021 Heard Mr. Shyama Kant Singh, learned Advocate

for the petitioner and Mr. Sanjay Kumar, learned AC to

GP-23 for the State.

The petitioner was an applicant in the first phase

of Panchayat Teacher appointment process in the year

2006. Her name was included in the merit list which was

published before the counselling. One Supriya Rai was

appointed as a Teacher from amongst the merit list. On

her resignation from the post of the Teacher, the petitioner Patna High Court CWJC No.21495 of 2019 dt.24-11-2021

approached the District Teachers Employment Appellate

Authority, Gopalganj for her employment against the

vacancy which has been caused against the aforesaid

resignation. The District Teachers Employment Appellate

Authority, Gopalganj appears to have allowed such prayer

without following the guidelines in that regard or seeking

instructions from the Education Department.

The law with regard to filling up of the vacancy

after the joining because of resignation is very clear. Such

vacancies cannot be filled up from amongst the panel

which had lost its life after the process of selection was

over.

The petitioner has approached this Court for a

direction to the respondent authorities to pay the salary for

the period that she shall be deemed to be working as a

Teacher because of the order passed by the District

Teachers Employment Appellate Authority.

The learned counsel for the State, however, has

pointed out that against the order passed by the District Patna High Court CWJC No.21495 of 2019 dt.24-11-2021

Teachers Employment Appellate Authority, the State has

preferred an appeal before the State Appellate Authority

which is likely to be disposed of within a period of three

months. The petitioner must await the decision of the

State Appellate Authority before pressing this petition.

In the aforesaid circumstances, the petition is

disposed off with observation that in case the petitioner

stands dissatisfied with the order passed by the State

Appellate Authority, she may approach the appropriate

forum including this Court, if so desired.

With the aforesaid direction/observation, the writ

petition stands disposed off.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          29.11.2021
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