Patna High Court
Tarannum Parveen vs The State Of Bihar on 23 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13774 of 2022
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Tarannum Parveen, W/o-Jamil Akhtar, R/o-At and P.O.-Mehsaul Got, P.S.-
Sitamarhi, District-Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Govt. of Bihar, Patna.
3. The District Education Officer, Sitamarhi.
4. The District Programmer Officer (Estt.), Sitamarhi.
5. The Block Development Officer, Block-Dumra, District-Sitamarhi.
6. The Block Education Officer, Block-Dumra, District-Sitamarhi.
7. The Panchayat Secreary, Gram Panchayat Raj Mehsaul Got, Block-Dumra,
District-Sitamarhi.
8. The Mukhiya, Gram Panchayat Raj Mehsaul Got, Block-Dumra, District-
Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Respondent/s : Mr. Madanjeet Kumar,GP-20
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 23-02-2023
The petitioner by way of this writ petition has prayed
as under :-
"(i) To quash the order contained in
letter no.585 dated 27.02.2016 issued by the D.P.O.
(estt), Sitamarhi, so far it relates to petitioner, by
which direction has been issued to the Panchayat
Secretary, Gram Panchayat Raj Meshol Got, Block-
Dumra, Sitamarhi and other panchayats that letter
dated 18.02.2016, pursuant to which petitioner was
appointed has been cancelled and further has been
Patna High Court CWJC No.13774 of 2022 dt.23-02-2023
directed that any decision taken pursuant to the
same will be deemed to be cancelled. A copy of
letter no.585 dated 27.02.2016 is annexed as
Annexure-1 to this application.
(ii) To quash the memo no.588 dated
29.02.2016 issued by the District Education Officer,
Sitamarhi by which a general order has been issued
stating therein that the guidelines which were
issued I pursuance to the order of Appellate
Authority with regard to some other Panchayat is
not applicable for the rest of Panchayats further no
appointment shall be made without further direction
of education department. A copy of memo no.588
dated 29.02.2016 is annexed as Annexure-2 to this
application.
(iii) To quash the follow up order
contained in letter no.110 dated 02.02.2017 issued
by the Block Education Officer by which a direction
has been issued to the Panchayat Secretary-cum-
Secretary, Appointing Authority, Gram Panchayat
Raj Mehsol Got. Block-Dumra, District-Sitamarhi
to cancel the appointment of petitioner. A copy of
letter dated 02.02.2017 is annexed as Annexure-3
to this application.
(iv) To direct the respondents to pay the
arrears of salary to the petitioner with appropriate
statutory interest which is due since the date of
joining i.e. 17.03.2016 till date as well as to pay the
salary to the petitioner on month to month basis.
(v) To direct the respondents not to
disturb the petitioner from discharging her duties
on the post of Panchayat Teacher in the Primary
School, Pratap Nagar, Mehsaul Got. Dumra,
Sitamarhi."
Patna High Court CWJC No.13774 of 2022 dt.23-02-2023
2. Admittedly, the petitioner is a Block Teacher/
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
appeal before the concerned District Appellate Authority.
Learned counsel is free to cite the judgment passed by
this Court before the District Appellate Authority.
(Sanjeev Prakash Sharma, J)
Ashwini/-
Item No.17
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2023
Transmission Date NA
