Patna High Court
The Navodaya Vidyalaya Samiti ... vs Sunil Kumar Singh on 21 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 1260 of 2022
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1. The Navodaya Vidyalaya Samiti (NVS) through the Commissioner,
Navodaya Vidyalaya Samiti, Department of School Education and Literacy,
Ministry of Education, Government of India, B- 15, Institutional Area,
Sector - 62, Noida, District - Gautam Budh Nagar - 201309 (UP).
2. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Department of
School Education and Literacy, Ministry of Education, Government of India,
regional Office, Karpuri Thakur Sadan, Kendriya Karyalay Parisar, Block -
A and B, 5th Floor, Ashiyana Digha Road, Patna - 800025 (Bihar).
3. The Principal, Jawahar Navodaya Vidyalaya, District - Darbhanga - 847337
(Bihar).
... ... Petitioner/s
Versus
Sunil Kumar Singh Son of Sri Ganga Dayal Singh, Post Graduate Teacher
(History), Jawahar Navodaya Vidyalaya, Brindawan, West Champaran,
Bettiah - 845450, Resident of Habsapur Post - Sarsi, P.S.- Paliganj, District -
Patna - 801110 (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Dr. K.N. Singh, ASG assisted by
Mr. Siddhartha Prasad
For the Respondent/s : Mr. Munna Pd Dixit, Advocate
Mr. S.K. Dixit, Advocate
Mr. S.K. Chaubey, Advocate
Mrs. Swastika, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-08-2023
Heard learned counsels for the respective parties.
2. In the instant petition, petitioners have prayed for the
following relief/reliefs:
"That the instant writ petition is directed
against the order dated 21.10.2021 passed by the
Patna High Court CWJC No. 1260 of 2022 dt.21-08-2023
Central Administrative Tribunal, Patna Bench in
Original Application No. 050/00309/2021. The
petitioner further prays to quash the order dated
21.10.2021 passed by the Central Administrative
Tribunal, Patna Bench in Original Application No.
050/00309/2021. The petitioner also prays for any
other relief(s) that petitioner is entitled to in the facts
of the case."
3. In identical matter we have already taken a decision
that the Central Administrative Tribunal has committed error.
Respondent's counsel could not apprise this Court to the extent
that respondent's spouse is a government teacher. On the other
hand, he is relying on certain documents which were issued by the
State government authorities to the extent of extending certain
service and monetary benefits on par with government servant to
the panchayat teacher. Even if any of the official of the State
government certifies that the respondent's spouse is a government
teacher that does not change the status of the respondent's spouse
of a panchayat teacher as long as she is absorbed as government
servant or government teacher in any education department of the
State government.
4. Merely one of the government official giving
certificate that respondent's spouse is government teacher, the
same cannot be accepted unless and until her services were
Patna High Court CWJC No. 1260 of 2022 dt.21-08-2023
absorbed in the Government Education Department from the
Panchayat Department as a teacher.
5. Rest of the contentions are already covered by our
earlier decision dated 09.01.2023 passed in C.W.J.C. No. 1221 of
2022. Accordingly, the present writ petition stands allowed while
setting aside the order of the Tribunal dated 21.10.2021 passed in
Original Application No. 050/00309/2021 in terms of order dated
09.01.2023 passed in C.W.J.C. No. 1221 of 2022.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.08.2023
Transmission Date NA
