Patna High Court
Rajiw Kumar Singh vs The State Of Bihar on 18 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.255 of 2022
In
Civil Writ Jurisdiction Case No.5489 of 2020
======================================================
1. Dhananjay Singh Son of Late Jagdish Singh, presently posted as TGT at
Middle School Bemta, Block- Town Block, District- Gaya.
2. Ajoy Kumar, Son of Late Radha Mohan Prasad, presently posted as
Headmaster at Mahavir Middle School, Block -Nagar Nigam (North),
District- Gaya.
3. Naveen Kumar Athghara, son of Vijay Kumar, presently posted as
Headmaster at Middle School Nawada, Block- Nagar-Nigam (North),
District- Gaya.
4. Mukesh Prasad Verma, Son of Madan Prasad, presently posted as
Headmaster at Adarsh Middle School Tekari, Block - Tekari, District- Gaya.
5. Shibasis Banerjee, Son of Late Bishwanath Banerjee, presently posted as
TGT at Mahavir Middle School, Block - Nagar Nigam (North), District-
Gaya.
6. Satya Prakash Son of Late Baijnath Singh, presently posted as Headmaster
at Alakhdev Middle School, Block - Guraru, District- Gaya.
7. Md. Tarique, Son of Late Md. Sidique, presently posted as Assistant Teacher
at Urdu Girls Middle School Karimganj, Block - Nagar- Nigam (North),
District- Gaya.
8. Md. Afaque Nadeem, Son of Md. Nayeemur Rahman, presently posted as
Headmaster at Middle School Gamhari, Block - Fatehpur, District- Gaya.
9. Sunil Kumar Porh, Son of Sushil Kumar Porh, presently posted as TGT at
Middle School Khanetu, Block - Tekari, District- Gaya.
10. Satish Kumar Sinha, Son of Late Rajkumar Prasad Sinha, presently posted
as Headmaster at Middle School Kanhaul, Block - Bodhgaya, District-
Gaya.
11. Amrendra Kumar, Son of Late Ramchandra Thakur, presently posted as
TGT at Middle School Bishunpur, Block - Bankey Bazar, District- Gaya.
12. Arun Kumar Chaudhary, Son of Raghuveer Chaudhary, presently posted as
Headmaster at Middle School Dharampur, Block- Town Block, District-
Gaya.
13. Neeraj Kumar, Son of Late Rajaram Sharma, presently posted as TGT at
Middle School Chakand-1, Block- Town Block, District- Gaya.
14. Suresh Kumar Pal, Son of Late Balkeshwar Bhagat, presently posted as
Headmaster at Middle School Dhibra, Block - Gurua, District- Gaya.
15. Ramashish Chaudhary, Son of Puran Chaudhary, presently posted as TGT at
Middle School Panchu Bigha, Block - Town Block, District- Gaya.
16. Chandrabhushan Sharma, Son of Late Shambhu Sharan Singh, presently
posted as Headmaster at Middle School Verda, Block - Nagar-Nigam
(North), District- Gaya.
17. Diwaker Kumar, Son of Late Mateshwar Prasad Singh, presently posted as
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
Headmaster at Middle School Dharamshala, Block - Paraiya, District- Gaya.
18. Ajay Kumar Anil, Son of Ram Parikshit Singh, presently posted as
Headmaster at Middle School Pura, Block - Tekari, District- Gaya.
19. Rajesh Kumar Sharma, Son of Ram Subhag Singh, presently posted as
Headmaster at Middle School Dhanawan, Block- Bodhgaya, District- Gaya.
20. Khwaja Asad Alam, son of Khwaja Mahmood Alam, presently posted as
TGT at Middle School Chandpur, Block - Bankey Bazar, District- Gaya.
21. Khwaja Aslamujjaman, son of Khwaja Mahmood Alam, presently posted as
TGT at Middle School Chandpur, Block - Bankey Bazar, District- Gaya.
22. Rakesh Kumar Sinha, Son of Late Ganesh Prasad, presently posted as
Headmaster at Middle School Kosma, Block - Town Block, District- Gaya.
23. Bheem Prasad, Son of Late Ramkishor Lal, presently posted as TGT at
Middle School Ore, Block - Belaganj, District- Gaya.
24. Anand Mohan Rajak, Son of Late Watan Rajak, presently posted as
Headmaster at Middle School Mahmadpur, Block - Sherghati, District-
Gaya.
25. Rajendra Prasad, Son of Late Manki Ram, presently posted as TGT at
Manorma Girls Middle School, Block - Sherghati, District- Gaya.
26. Kiran Kumari, daughter of Jagdish Bharti, presently posted as Headmaster at
Middle School Dulhin Mandir, Block - Sherghati, District- Gaya.
27. Digvijay Kumar, Son of Late Ramyad Singh, presently posted as
Headmaster at Middle School Yogapur, Block - Sherghati, District- Gaya.
28. Azizur Rahman, Son of Ziyaur Rahman, presently posted as TGT at Model
Urdu Middle School, Block- Sherghati, District- Gaya.
29. Margrate Samuel, Daughter of Danial Samuel, presently posted as
Headmaster at Manorma Girls Middle School, Block - Sherghati, District-
Gaya.
30. Umesh Prasad Singh, son of Late Bachu Singh, presently posted as
Headmaster at Middle School Fatehpur, Block - Fatehpur, District- Gaya.
31. Shambhu Sharan Singh, Son of Kamta Prasad Singh, presently posted as
Headmaster at Middle School Wazirganj, Block - Wazirganj, District- Gaya.
32. Kedar Chaudhary, son of Basant Chaudhary, presently posted as Headmaster
at Middle School Angra, Block- Dobhi, District- Gaya.
33. Arvind Chaudhary, Son of Raghu Chaudhary, presently posted as
Headmaster at Middle School Mardua, Block - Tekari, District- Gaya.
34. Jitendra Kumar Kamal, son of Rajendra Prasad, presently posted as Assistant
Teacher at Middle School Mardua, Block - Tekari, District- Gaya.
35. Geeta Kumari, daughter of Chandrika Prasad, presently posted as Assistant
Teacher at Manorma Girls Middle School Sherghati, Block - Sherghati,
District- Gaya.
36. Sona Kumari, daughter of Jugal Prasad, presently posted as Assistant
Teacher at Manorma Girls Middle School Sherghati, Block - Sherghati,
District- Gaya.
37. Vijay Kumar Parimalendu, Son of Parmeshwar Dayal, presently posted as
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
Headmaster at Middle School Mahugain, Block - Wazirganj, District- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
New Secretariat, Patna.
3. The Director (Primary Education), Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna.
4. The District Education Officer, District- Gaya.
5. The District Program Officer (Establishment)-cum-Drawing and Disbursing
Officer, Department of Education, District- Gaya.
6. The District Accounts Officer, District- Gaya.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 114 of 2022
In
Civil Writ Jurisdiction Case No.5489 of 2020
======================================================
1. Dhananjay Singh son of Late Jagdish Singh presently posted as TGT at
Middle School Bemta, Block- Town Block, District- Gaya.
2. Braj Kishore Prasad Rana son of Late Jio Nandan Prasad Singh presently
posted as Assistant Teacher at M.S. Rasidpur Hindi, Block- Taraiya, District-
Saran.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. The Principal Secretary Education Department, Bihar, Patna.
3. The Director Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Muzaffarpur.
5. The District Programme Officer (Establishment) Muzaffarpur.
6. The District Treasury Officer Muzaffarpur.
7. The District Education Officer, District- Gaya.
8. The District Program Officer (Establishment)-cum- Drawing and Disbursing
Officer, Department of Education, District- Gaya.
9. The District Accounts Officer, District- Gaya.
10. The District Education Officer, District- Saran.
11. The District Program Officer (Establishment)-cum- Drawing and Disbursing
Officer, Department of Education, District- Saran.
12. The District Accounts Officer, District- Saran.
13. Suresh Ram Son of Late Ugras Ram Resident of Village- Musaul Tola,
Jahagirpur, P.S.- Sakara, District- Muzaffarpur.
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 134 of 2022
In
Civil Writ Jurisdiction Case No.5489 of 2020
======================================================
Suresh Ram Son of Late Ugras Ram Resident of Village Musaul Tola-
Jahagirpur, P.S.-Sakara, District-Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education, Government of Bihar, Patna.
4. The District Education Officer, Muzaffarpur.
5. The District Programme Officer (Establishment), Muzaffarpur
6. The District Treasury Officer, Muzaffarur.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 185 of 2022
In
CIVIL REVIEW No.37 of 2022
======================================================
Rajiw Kumar Singh S/o- Late Ram Kumar Singh, R/o- Pawat, Post- Behara,
P.S.- Ara Mufassil, District- Ara (Bhojpur).
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.
2. The Principal Secretary Department of Education, Government of Bihar,
New Secretariat, Patna.
3. The Director (Primary Education), Department of Education, Government of
Bihar, New Secretariat, Patna.
4. The Regional Deputy Director, Ara Division, Ara.
5. The District Magistrate, Ara.
6. The District Education Officer, District- Ara.
7. The District Program Officer, (Establishment), District- Ara.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 198 of 2022
In
Civil Writ Jurisdiction Case No.1606 of 2022
======================================================
Rajiw Kumar Singh S/o Late Ram Kumar Singh R/o- Pawat, Post- Behara,
P.S.- Ara Mufassil, District- Ara (Bhojpur).
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
New Secretariat, Patna.
3. The Director (Primary Education), Department of Education, Government of
Bihar, New Secretariat, Patna.
4. The Regional Deputy Director, Ara Division, Ara.
5. The District Magistrate, Ara.
6. The District Education Officer, District- Ara.
7. The District Program Officer (Establishment), District- Ara.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 254 of 2022
In
Civil Writ Jurisdiction Case No.5489 of 2020
======================================================
Rajiw Kumar Singh s/o Late Ram Kumar Singh, R/o -Pawat, Post-Behara,
P.S.-Ara Mufassil, District-Ara (Bhojpur).
... ... Appellant/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Bihar, Patna.
3. The Director Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Muzaffarpur.
5. The District Programme Officer (Establishment), Muzaffarpur.
6. The District Treasury Officer, Muzaffarpur.
7. The Regional Deputy Director, Ara Division, Ara.
8. The District Magistrate, Ara.
9. The District Education Officer, District-Ara.
10. The District Program Officer, (Establishment), District-Ara.
11. Suresh Ram, Son of Late Ugras Ram Resident of Village-Musaul Tola,
Jahagirpur, P.S.-Sakara, District-Muzaffarpur.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 422 of 2022
In
Civil Writ Jurisdiction Case No.7158 of 2021
======================================================
1. Nirbhay Kumar S/o Late Krishna Singh R/o-Mohalla-Arya Path Uttar Tola,
Malah Chak More, P.O. and Block and District-Jahanabad, Presently Posted
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
as Tranied Graduate Teacher at Upgraded Middle School Damuhan, Block-
Kako, District-Jahanabad.
2. Alamgir Shams, S/o-Md. Yusuf, R/o-Mohalla-Makhdumabad,, P.O. and
Block and District-Jahanabad, Presently Posted as Assistant Teacher at
Upgraded Middle School Dharampur, Block-Kako, District-Jahanabad.
3. Ramashray Yadav Son of Ram Balak Yadav Resident of -Sati Sthan, Post-
Makhdumpur, P.S.-Makhdumpur, District-Jahanabad, Presently Posted as
Tranied Graduate Teacher at Middle School Kohra, Block-Makhdumpur,
District-Jahanabad.
4. Anand Kumar Bharti Son of Sri Ram Avtar Ravidas, Resident of Khudaganj,
Post-Khudaganj, P.S.-Khudaganj, District -Jehanabad, Presently Posted as
Tranied Graduate Teacher at Upgraded Middle School Keur, Block-
Hulasganj, District-Jahanabad.
5. Mukesh Kumar Son of Narendra Sharma Residentof Mohalla-Devariya,
Post-Jahanabad Court, P.S.-Jahanabad, District-Jahanabad. Presently Posted
as Tranied Graduate Teacher at Upgraded Middle School Godiha, Block-
Jahanabad, District-Jahanabad.
6. Dhananjay Kumar Son of Shyam Nandan Sinha Residentof Village and
Post-Jamuk, P.S. and District-Jahanabad, Presently Posted as Tranied
Graduate Teacher at Upgraded Middle School Chandaura, Block-Kako,
District-Jahanabad.
7. Shivji Chaudhary Son of -Late Nathun Chaudhary, Resident of Village-
Shaistabad, Post Shaistabad, P.S.-Ghosi, District-Jahanabad, Presently
Posted as Tranied Graduate Teacher at Upgraded Middle School Shaistabad,
Block-Modanganj, District-Jahanabad.
8. Ajay Singh Son of Late Ram Chandra Singh Resident of Mahmadpur, Post-
Maranchi, P.S.-Dhanrua, District-Patna. Presently Posted as Tranied
Graduate Teacher at Upgraded Middle School Sikaria, Block-Jahanabad,
District-Jahanabad.
9. Dilip Kumar Son of Late Chandramani Prasad Resident of Shyam Nagar,
Near Balti Factory, Post-Jahanabad, P.S.-Jahanabad, District-Jahanabad,
Presently Posted as Tranied Graduate Teacher at Upgraded Middle School
Muther, Block-Jahanabad, District-Jahanabad.
10. Vinod Kumar Son of -Late Nageshwar Prasad Resident of Mohalla-Gandhi
Nagar, Post-Unta Purvi, P.S.-Jahanabad, District-Jahanabad, Presently
Posted as Tranied Graduate Teacher at Upgraded Middle School Safepur,
Block-Kako, District-Jahanabad.
11. Anil Kumar Son of Late babu Chand Singh Resident of Village-Gandhar
math, Post-Bandhuganj, P.S.-Bandhuganj, District-Jahanabad, Presently
Posted as Tranied Graduate Teacher at Upgraded Middle School Bandeya,
Block-Makhdumpur, District-Jahanabad.
12. Bhupendra Kumar Bhushan Son of -Late Hridyanand Singh Resident of
Village and Post-Januhari, P.S.-Mahendiya, District-Jahanabad, Presently
Posted as Trained Graduate Teacher at Upgraded Middle School Larsa,
Block-Jahanabad, District-Jahanabad.
... ... Appellant/s
Versus
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
New Secretariat, Patna.
3. The Director (Primary Education), Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna.
4. The Regional Deputy Director of Education, Gaya Division, Gaya
5. The District Education Officer, District-Jahanabad.
6. The District Program Officer (Establishment)-Cum-Drawing and Disbursing
Officer, Department of Education, District-Jahanabad.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 425 of 2022
In
Civil Writ Jurisdiction Case No.15098 of 2021
======================================================
1. Dilip Kumar S/o Late Chandramani Prasad Resident of Shyam Nagar, Near
Balti Factory, Post- Jahanabad, P.S.- Jahanabad, District- Jahanabad,
Presently posted as Trained Graduate Teacher at Upgraded Middle School
Muther, Block- Jahanabad, District- Jahanabad.
2. Sanjay Kumar S/o Late Shaligram Sharma Resident of Village- Mahmadpur,
Post- Kajisarai, P.S.- Kako, District- Jahanabad, Presently posted as Trained
Graduate Teacher at Upgraded Middle School Dadpur, Block- Hulasganj,
District- Jahanabad.
3. Nirbhay Kumar S/o Late Krishna Singh R/o Mohalla- Arya Path Uttar Tola,
Malah Chak More, P.O. and Block and District- Jahanabad, presently posted
as Trained Graduate Teacher at Upgraded Middle School Damuhan, Block-
Kako, District- Jahanabad.
4. Dhananjay Kumar S/o Shyam Nandan Sinha Resident of Village and Post-
Jamuk, P.S. and District- Jahanabad, Presently posted as Trained Graduate
Teacher at Upgraded Middle School Chandaura, Block- Kako, District-
Jahanabad.
5. Mukesh Kumar S/o Narendra Sharma Resident of Mohalla- Devariya, Post-
Jahanabad Court, P.S.- Jahanabad, District- Jahanabad, Presently posted as
Trained Graduate Teacher at Upgraded Middle School Godiha, Block-
Jahanabad, District- Jahanabad.
6. Vidyut Kumar S/o Late Lalan Prasad Resident of Village and Post and P.S.-
Ghoshi, District- Jahanabad, Presently posted as Trained Graduate Teacher
at Upgraded Middle School Ganeshibigha, Block- Kako, District-
Jahanabad.
7. Mukund Murari S/o Anandi Sharma Resident of Mohalla- Vishunganj, Post
and P.S. and District- Jahanabad, Presently posted as Trained Graduate
Teacher at Upgraded Middle School Kalpa Khurd, District- Jahanabad.
8. Umesh Kumar S/o Late Sukhdeo Yadav Resident of Khajurbana, Post- Ratni
Bazar, P.S.- Shakurabad, Block- Ratni Faridpur, District- Jahanabad,
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
Presently posted as Trained Graduate Teacher at Upgraded Middle School
Pandaul, Block- Ratni Faridpur, District- Jahanabad.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
New Secretariat, Patna.
3. The Director (Primary Education), Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna.
4. The Regional Deputy Director of Education, Gaya Division, Gaya.
5. The District Education Officer, District- Jahanabad.
6. The District Program Officer (Establishment)-cum-Drawing and Disbursing
Officer, Department of Education, District- Jahanabad.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 255 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Priyadarshir Matrisharan, AC to AAG-13
(In Letters Patent Appeal No. 114 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Priyadarshir Matrisharan, AC to AAG-13
(In Letters Patent Appeal No. 134 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Priyadarshir Matrisharan, AC to AAG-13
(In Letters Patent Appeal No. 185 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Priyadarshir Matrisharan, AC to AAG-13
(In Letters Patent Appeal No. 198 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Priyadarshir Matrisharan, AC to AAG-13
(In Letters Patent Appeal No. 254 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr.Ajay Kr. Rasotig (Aag10)
(In Letters Patent Appeal No. 422 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Apurva Kumar, AC to GA-12
(In Letters Patent Appeal No. 425 of 2022)
For the Appellant/s : Mr. Purushottam Kumar Jha, Advocate
For the Respondent/s : Mr. Apurva Kumar, AC to GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 18-01-2023
In these bunch of L.P.As. appellants have assailed
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
the order of the learned Single Judge dated 22.03.2022 passed in
C.W.J.C. No. 2804 of 2022. Order of the learned Single Judge
reads as under:-
"Heard the parties.
Considering it that this matter is
covered by the Judgment dated 23.02.2022,
passed 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 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.), this petition is disposed of with
the above terms.
If an appeal is preferred before the
District Appellate Authority/ State Appellate
Authority, the same shall be taken up at the
earliest and preferably decided within a period
of three months."
Learned counsel for the appellants submitted that
the decided case in the case of Suresh Ram is in respect of such
of those persons who were appointed as Panchayat Teacher in
the respective Panchayat. On the other hand, appellants' case are
that they were appointed as Teacher in the Education
Department of State of Bihar and they were recruited through
the BPSC and they are governed by a separate rule of
recruitment. Therefore, the cited decision by the learned Single
Judge is not applicable to the case of the appellants.
The aforementioned statement has not been
disputed by the learned State Counsel.
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
In the light of these facts and circumstances, order
of the learned Single Judge dated 22.03.2022 passed in C.W.J.C.
No. 2804 of 2022 is set aside and all the C.W.J.C. petitions are
remanded to the learned Single Judge.
During course of the argument, we noticed that in
the prayer made by each of the appellants that there is no
challenge to the decision of the concerned respondent in so far
as re-fixation of pay and it is to the disadvantage of the
appellants. In the absence of challenge to the decision the prayer
of the appellants to the extent of declaration is not permissible.
They are at liberty to make necessary amendment of prayer by
filing Interlocutory Application in the respective writ petitions.
With the above observations, present L.P.As. stands
disposed of.
At this stage, learned counsel for the State-
Respondent submitted that the appellants are governed by the
Bihar State Teaching Institutions Teachers and Employee
(Dispute Redressal and Appeal) Rules, 2020. Aforementioned
rules are not attracted in so far as appellants are concerned for
the reasons that they are not working as a Teacher in the Bihar
State Teaching Institutions as Teachers so as to invoke the
aforementioned rules. Accordingly, the aforesaid contention of
Patna High Court L.P.A No.255 of 2022 dt.18-01-2023
the learned counsel for the State is hereby rejected.
Further it is noticed that the Bihar State School
Teachers and Employees Dispute Redressal Rules, 2015 was
repealed in the year 2020.
Perusal of Rules, 2015 it is crystal clear that it was
issued under Article 162 read with 243 of the Constitution of
India whereas the appellants' case is covered by Rules called
"Bihar Nationalized Preliminary School Teachers Transfer,
Disciplinary Action and Promotion Rules, 2018 which was
issued under Article 309 of the Constitution, vide Notification
dated 21st March, 2018.
In the light of these three sets of Rules read with
status of the appellants it is clear that they are Government
Teachers and ultimately they are governed by Rules, 2018.
Hence, the cited decisions by the learned Single Judge are not
applicable to the appellants' case.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.01.2023
Transmission Date NA
