Kumari Putul @ Putul Kumari vs The State Of Bihar
2024 Latest Caselaw 5262 Patna

Patna High Court

Kumari Putul @ Putul Kumari vs The State Of Bihar on 6 August, 2024

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11465 of 2024
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     Kumari Putul @ Putul Kumari Wife of Bishwanath Prasad, Resident of
     Village Rampura Bara, P.O. Alinagar Pali, P.S. Kako Pali, Distt.- Jahanabad.

                                                           ... ... Petitioner
                                     Versus
1.   The State of Bihar through the Principal Secretary, Human Resources
     Development Department, Govt. of Bihar, Patna.
2.   The Director of Primary Education, Human Resources Development Depart,
     Govt. of Bihar, Patna.
3.   The Collector, Arwal.
4.   The District Education Officer, Arwal.
5.   The District Education Officer (estb.) Arwal, District Arwal.
6.   The Block Development Officer, Sonbhadra Banshi Suryapur, District
     Arwal.
7.   The Block Education Officer, Sonbhadra Bansi Suryapur, District Arwal.
8.   Pachayat Secretary, Gram Panchayat Niyojan Unit, Chamandi, Anchal
     Sonbhadra Bansi Suryapur, District Arwal.
9.   The Head Master, Prathmic Vidyalaya Gobindpur, Under Gram Panchayat
     Chamandi, Anchal Sonbhadra Bansisuryapur, District Arwal.
10. Sanju Kumari Wife of Anil Kumar Village and P.O. Pondil, P.S. Kurtha,
    Distt. Arwal.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner/s    :     Mr. Amarendra Narayan, Advocate
     For the Respondent/s    :     Mr. Standing Counsel (18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
     ORAL JUDGMENT
      Date : 06-08-2024


                    Heard learned counsel for the parties.

                 2. The petitioner has filed this writ petition seeking a

     direction to the respondents to accept her joining on the post of

     Panchayat Teacher at Prathmic Vidyalaya Gobindpur, under Gram

     Panchayat Chamandi, Anchal Sonbhadra Bansi-suryapur, District
 Patna High Court CWJC No.11465 of 2024 dt.06-08-2024
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       Arwal in terms of the order of this Court dated 06.08.2019 passed

       in CWJC No. 4298 of 2016 and the order of the District Appellate

       Authority, Arwal dated 05.10.2023 passed in Appeal No. 06/2019.

       The petitioner had challenged her termination from service by the

       respondent authorities dated 09.02.2016 (Annexure-1 of this writ

       petition) before this Court by filing CWJC No. 4298 of 2016. This

       Court vide order dated 06.08.2019, passed in the aforesaid writ

       petition, had remitted the matter back to the District Appellate

       Authority to decide on the legality of the termination order dated

       09.02.2016

issued by the respondent authorities terminating the

service of the petitioner from Panchayat Teacher.

3. The District Appellate Authority, Arwal in the Appeal

Case No. 06 of 2019 vide order dated 05.10.2023 had found the

petitioner's appointment to be in order and had directed the

respondents to reinstate the petitioner in service.

4. The petitioner, therefore, in other words, is seeking

implementation of the order dated 05.10.2023 passed by the

District Appellate Authority, Arwal in the Appeal No. 06/2019.

5. Since the petitioner has a remedy to enforce the

decision of the District Appellate Authority, Arwal under the Bihar

State Teaching Institutions Teachers and Employee (Dispute

Redressal and Appeal) Rules, 2020 before the District Appellate Patna High Court CWJC No.11465 of 2024 dt.06-08-2024

Authority itself, this writ petition is hereby disposed of with a

liberty to the petitioner to approach the District Appellate

Authority for implementation of the decision given by the District

Appellate Authority.

(Nani Tagia, J)

Nishant/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.08.2024.
Transmission Date       NA