Indra Prakash Gautam vs The State Of Bihar And Ors
2023 Latest Caselaw 819 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9304 of 2015
     ======================================================

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

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

appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Sachin/-

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