Patna High Court
Vivek Kumar vs The State Of Bihar on 13 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10222 of 2022
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Rani Kumari w/o - Dinesh Kumar Singh and D/o Sri Turanti Prasad Singh
Resident of Village - Lagma, P.S. - Chautham, District - Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Khagaria.
2. The District Education Officer, Khagaria, District - Khagaria.
3. The District Programme Officer (Establishment) Education Department,
Government of Bihar, Khagaria, District - Khagaria.
4. Block Education Officer, Education Department, Govt. of Bihar, Mansi,
District - Khagaria.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8423 of 2022
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Sanjay Kumar Son of Sobran Paswan Resident of Village-Taregna Dih, P.O.
and P.S.-Masaurhi, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Education, Govt. of Bihar,
Patna.
2. The District Magistrate, Patna, P.S. and District-Patna.
3. The Deputy Secretary, Educaton Department of State of Bihar, Patna,
4. The Director, State Council of Educational Research and Training, Bihar
Education Department, Bihar, Patna.
5. The District Education Officer, Patna, District-Patna.
6. The District Programme Officer (Establishment), Patna, District-Patna.
7. The Block Education Officer, Dhanarua Block-P.S.-Dhanarua, District-
Patna.
8. The Panchayat Secretary, Pabhera, Gram Panchayat Pabhera, P.S.-Dhanarua,
District-Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8446 of 2022
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Husan Ara W/o Wasim Ahmed, R/o Village- Rudalpur, P.S. Jalalpur, District-
Saran.
... ... Petitioner/s
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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Versus
1. The State of Bihar through The Principal Secretary, Primary Education
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Human Resource Development Department,
Government of Bihar
3. The District Magistrate, Saran at Chapra.
4. The Regional Deputy Director of Education, Saran at Chapra.
5. The Circle Office, Jalalpur, Chapra
6. District Education Officer, Saran at Chapra.
7. District Programme Officer SARV SIKSHA ABHIYAN, Saran at Chapra.
8. District Programme Coordinator, SARV SIKSHA ABHIYAN, Chapra.
9. Block Education Officer, Jalalpur, Chapra.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10277 of 2022
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Awantika Kumari W/o- Ranveer Singh, Resident of Mohalla- Gaya College
Gaya, Rampur, P.O.- Rampur, P.S.- Gaya, District- Gaya and present working
as a Prakhand Teacher in Middle School, Makhraul, Prakhand- Dobhi,
District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gaya.
5. The District Programme Officer (Establishment), Gaya.
6. The Block Education Officer, Runisaidpur, Dobhi, Gaya.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10613 of 2022
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Aditya Kumar Tiwari S/o Kamalnath Tiwari, Resident of Village-Gonauli,
P.S.-Lauriya, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The District Education Officer, West Champaran at Bettiah.
5. The District Programme Officer, Establishment, West Champaran at Bettiah.
6. The Block Education Officer, Lauriya Block, District West Champaran.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10838 of 2022
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1. Md. Waqar Alam Son of Md. Alam, Resident of Village- Kashimpur, Police
Station- Salkhua, District- Saharsa.
2. Afsar Alam Son of Samshul Hoda, Resident of Village- Rani Bag, Police
Station- Simri Bakhtyarpur, District- Saharsa.
3. Fatima Zohra @ Fatma Zohra Wife of Md. Sajjad Alam, Resident of Village-
Paharpur, Police Station- Simri Bakhtyarpur, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Government of Bihar.
4. The District Education Officer, Saharsa.
5. The District Programme Officer (Establishment), Saharsa.
6. The Block Education Officer, Banma Ithari, District- Saharsa.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10870 of 2022
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1. Swarnlata Verma wife of Rakesh Kumar, resident of Village- Nandai Tola
Deochandih, Pipara, Dumariya, District- Gaya, Presently posted as
Panchayat Teacher, Primary School, Aurwatar, Panchayat Narayanpur,
Block- Dumariya, District- Gaya.
2. Kalpana Kumari wife of Sushil Sharma, resident of Village- Mastalipur, P.O.
Bara Gandhar, P.S. Muffasil, District- Gaya, presently posted as Panchayat
Teacher Primary School, Simari Panchayat Narayanpur, Block- Dumariya,
District Gaya.
3. Anita Kumari wife of Manish Kumar, resident of Village- Maira, P.O.
Jhikatiya Kala, Block Imamganj, District Gaya, presently posted as
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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Panchayat Teacher, Primary School Jhangat, Panchayat Bhokaha, Block
Dumariya, District Gaya.
4. Suryakanti Kumari wife of Rupesh Paswan, resident of Village- Kachar, P.O.
Gotibandh, P.S. Dumariya, District Gaya, presently posted as Panchayat
Teacher, Primary School, Simari, Panchayat Narayanpur, Block Dumariya,
District Gaya.
5. Shabanam Praveen daughter of Ali Imam, resident of Village- Beninagar,
P.O. Maigra, P.S. Bhadwar, District- Gaya, presently posted as Panchayat
Teacher, Primary School, Islampur, Panchayat Kachar, Block- Dumariya,
District Gaya.
6. Rubi Kumari wife of Manoj Prasad, resident of Village- Pokharpur, P.O.
Kewla Kala, P.S. Dumariya, District Gaya, presently posted as Panchayat
Teacher, Primary School, Bhuiyadih, Panchayat- Narayanpur, Block-
Dumariya, District- Gaya.
7. Akanksha Kumari wife of Deepak Kumar, resident of Village- Bhaluhar,
P.O. and P.S. Bankey Bazar, District- Gaya, presently posted as Panchayat
Teacher, Primary School, Bhuiyadih, Panchayat Narayanpur, Block
Dumariya, District Gaya.
8. Baby Kumari daughter of Shiyawar Sharan Singh, resident of Village-
Londa P.O. Pipara, District Gaya, presently posted as Panchayat Teacher,
Primary School, Naykadih, Panchayat Narayanpur, Block Dumariya, District
Gaya.
9. Sweta Kumari wife of Raushan Kumar, resident of Village- Londa, P.O.
Pipara, District- Gaya, presently posted as Block Teacher, Kanya Middle
School, Rampur, Panchayat Narayanpur, Block Dumariya, District- Gaya.
10. Rakhi Kumari wife of Vivek Ranjan, resident of Village- Mahamadpur, P.O.
and P.S. Khizarsarai, District- Gaya, presently posted as Panchayat Teacher,
Primary School, Tandwa (HT), Panchayat Bhokha, Block Dumariya, District
Gaya.
11. Sushil Sharma son of Ramchandra Thakur, resident of Village- Mastalipur,
P.O. Bara Gandhar, P.S. Muffasil, District- Gaya, presently posted as
Panchayat Teacher, Primary School, Piparehat, Panchayat Chhakarbandha,
Block Dumariya, District Gaya.
12. Anil Kumar son of Balchand Paswan, resident of Village- Pankra, P.O.
Adarchan, P.S. Dumariya, District Gaya, presently posted as Panchayat
Teacher, Primary School, Bhuiyadih, Panchayat Narayanpur, Block
Dumariya, District- Gaya.
13. Ranjit Kumar son of Siyawar Prasad, resident of Village- Londa, P.O.
Pipara, District- Gaya, presently posted as Panchayat Teacher Primary
School, Phuleldih (HT) Panchayat Narayanpur, Block Dumariya, District
Gaya.
14. Jaynendra Kumar son of Ajay Prasad, resident of Village- Nandai, Tola
Devchanddih, P.O. Pipara, District- Gaya, presently posted as Panchayat
Teacher, Primary School, Piprehat, Panchayat Chhakarbandha, Block
Dumariya, District- Gaya.
15. Vikash Mistri son of Brahamdev Mistri, resident of Village- Karhanni, P.O.
Pipra, District Gaya, presently posted as Panchayat Teacher, Primary School,
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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Phuleldih (HT), Panchayat Narayanpur, Block Dumariya, District- Gaya.
16. Rakesh Kumar son of Ajay Prasad, resident of Village- Nandai Tola
Deochandih, P.O. Pipra, District Gaya, presently posted as Panchayat
Teacher, Primary School, Hariyo Bara, Panchayat Narayanpur, Block
Dumariya, District Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Director (Primary Education), Education Department, Bihar, Patna.
3. The District Magistrate, Gaya.
4. The District Education Officer, Gaya.
5. The District Programme Officer (Establishment), Gaya.
6. The Block Development Officer, Dumariya, District- Gaya.
7. The Block Education Officer, Dumariya, District- Gaya.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 11763 of 2022
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Samim Shah son of Hakim Shah, resident of Village-Mista, P.S. Alauli,
District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources Department (Educational), Bihar, Patna.
2. The Director, Secondary Education, Bihar, Patna, The Director General of
Police, Bihar, Patna.
3. The District Magistrate, Samastipur.
4. The D.D.C.-cum-Chief Executive Officer-cum-Member Secretary, Zila
Parishad, Samastipur.
5. The District Education, Samastipur.
6. The District Programme Officer, (establishment), Samastipur.
7. The Incharge Headmaster P.S.P plus 2 School, Bithan, Block Bitha, District-
Samastipur.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 11813 of 2022
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1. Sahabu Din Alam @ Shahabu-Din S/o Bhikhari Miya R/o Harpur Jan,
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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Saran, Bihar- 841410.
2. Akhtar Hussain S/o Muslim Miya R/o Jagdishpur, Rajapatti, Gopalganj,
Bihar- 841420.
3. Arjun Manjhi S/o Pyarchand Manjhi R/o Chamanpura, Baikunthpur,
Gopalganj, Bihar- 841416.
4. Ashok Kumar Sharma S/o Kailash Sharma R/o Bangara, Rajapatti,
Gopalganj, Bihar- 841420.
5. Sunil Kumar S/o Lakshmi Ray R/o Karmshila, Paharpur, Kamsila,
Gopalganj, Bihar- 841420.
6. Guddu Kumar Sharma S/o Rajbanshi Sharma R/o Village- Basaha, P.O.-
Rajapatti, P.S.- Baikunthpur, Gopalganj, Bihar- 841416.
7. Deepak Kumar S/o Late Manoj Kumar R/o Village Bansohi, P.S.- Mashrakh,
Chapra, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar.
2. The Director, Education Department, Bihar, Patna.
3. The District Education Officer, Gopalganj, Bihar.
4. The District Program Officer (Establishment), Gopalganj, Bihar.
5. The Block Education Officer, Singhwalia, Gopalganj.
6. The Block Education Officer, Barauli, Gopalganj.
7. The Block Education Officer, Baikunthpur, Gopalganj.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 12237 of 2022
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Vivek Kumar S/o Yogendra Prasad Yadav, R/o Village- Murliganj, Ward No.-
11, Near Durga Asthan Chowk, P.S.- Murliganj, Dist.- Madhepura. At present
Asst. Teacher N.P.S. Tapara Tola, Kathotia Panchayat Shekhpura, P.S.-
Bihariganj, Dist.- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director Primary Education, Bihar, Patna.
2. The Director Primary Education Bihar, Patna.
3. The Collector Madhepura, Dist.- Madhepura at Madhepura.
4. The District Education Officer, Madhepura at Madhepura.
5. The District Program Officer Madhepura at Madhepura.
6. The Block Education Officer Bihariganj, Dist.- Madhepura.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 12389 of 2022
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Soni Gupta D/o Sri Suresh Gupta Resident of Village and P.O.-Peuli, P.S.-
Mirganj, District-Gopalganj, Presently residing at Village-Derwa, P.O.-
Songarhwa, P.S.-Kuchaikote, District-Gopalganj, At Present Posted as
Panchayat Teacher in N.P.S., Sidharth ke Bari, Block-Hathua, District-
Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Education offiicer, Hathua, P.O. and P.S.-Hathua, District-
Gopalganj.
5. The Headmaster, N.P.S., Sidharth ke Bari, Block Hathua, District-
Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12485 of 2022
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Kumari Basanti W/o Bishram Singh Resident of Village- Bank, P.S.- Akorhi
Gola, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Education Officer, Rohtas at Sasaram.
4. The District Programme Officer (Establishment), Rohtas at Sasaram.
5. The Block Education Officer, Dehri, District- Rohtas.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13052 of 2022
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Shree Deo Das @ Shree Dev Das son of Kishun Das, Resident of Village-
Sahpur, P.O.-Narayanpur, P.S.-Bihpur (Bhawanipur), District-Bhagalpur.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Khagaria.
2. The District Magistrate, Khagaria.
3. The District Education Officer, Khagaria.
4. The District Program Officer (Establishment), Khagaria.
5. The Block Education Officer, Gogri, Khagaria.
6. The Block Development Officer, Gogri, Khagaria.
7. The Headmaster, Primary School, Bhimri, Gram Panchayat Raj Paikant,
Block-Gogri, District-Khagaria.
8. The Panchayat Secretary-cum-Member Secretary, Gram Panchayat Raj
Paikant, Block-Gogri, District-Khagaria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13805 of 2022
======================================================
Vinay Kumar Son of Bikrama Prasad Sah, Resident of Village- Usari, P.S.-
G.V. Nagar Tarwara, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer, Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14066 of 2022
======================================================
1. Vinod Kumar @ Binod Kumar Son of Sri Kalicharan Paswan, Resident of
Village- Daudpur, P.O. - Barara, P.S.- Silao, District- Nalanda, Presently
working as Panchayat Teacher in Primary School, Mirza Bigha, Block-
Silao, District- Nalanda.
2. Sudhanshu Kumar Son of Sri Ganauri Mishtri, Resident of Village- Kapatia,
P.O. and P.S. and District- Nalanda, Presently working as Panchayat Teacher
in Primary School, Mirza Bigha, Block- Silao, District- Nalanda.
3. Punam Kumari W/o Niraj Kumar Resident of Village and P.O. - Amarpura,
P.S.- Naubatpur, District- Patna, Presently working as Panchayat Teacher in
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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Primary School, Jagdishpur, Block- Silao, District- Nalanda.
4. Nikkee Kumari D/o Kapildeo Prasad, Resident of Niyamat Nagar, P.O. and
P.S. - Dharhara, District- Nalanda, Presently working as Block Teacher in
U.M.S. Vindi Dih, Block - Silao, District- Nalanda.
5. Shilanand Son ofSri Ganauri Mishtri, Resident of Village- Kapatia, P.O. and
P.S. and District - Nalanda, Presently working as Panchayat Teacher in
Primary School, Jona, Block - Silao, District- Nalanda.
6. Shilpa Kumari Wife of Sri Rajesh Raushan, Resident of Bhawani Bigha,
P.O. and P.S. - Warsiliganj, District- Nawada, Presently working as Block
Teacher in U.M.S., Vindi Dih, Block- Silao, District- Nalanda.
7. Shiv Kumar Chaudhary Son of Sri Saryug Chaudhary, Resident of Village
and P.O. - Paharia, P.S- Shekhopur Sarai, District- Sheikhpura, Presently
working as Panchyat Teacher in Primary School, Chamargiha, Block- Silao,
District- Nalanda.
8. Binod Kumar Son of Banwari Saw, Resident of Village - Bihta, P.O. - Alipur
Bihta, P.S- Salimpur District- Patna, Presently working as Panchyat Teacher
in Primary School, Badgaon Gadh Par, Block - Silao, District- Nalanda.
9. Shagufta Fatmi D/o Mahboob Ashraf, Resident of Village - Pantesa, P.O. and
P.S. and District - Nalanda, Presently working as Panchayat Teacher (Urdu)
in Primary School, Bidupur, Block- Silao, District- Nalanda.
10. Bimal Chaudhary Son of Jagdish Chaudhary, Resident of Village - Mirbigha,
P.O. - Lalbigha, P.S. - Panchi, District- Sheikhpura, Presently Working as
Panchayat Teacher in Primary School, Koiliya Islampur, Block- Islampur,
District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Nalanda.
3. The District Programme Officer (Establishment), Nalanda.
4. The Block Development Officer, Silao, P.O. and P.S. - Silao, District-
Nalanda.
5. The Block Education Officer, Silao, P.O. and P.S. - Silao, District- Nalanda.
6. The Block Education Officer, Islampur, P.O. and P.S. - Islampur, District-
Nalanda.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 18335 of 2022
======================================================
Pashupatinath Singh S/o- Shri Arjun Singh, R/o- Village Chanp Tola Teghra,
P.O.- Chanp, P.S.- o.p.saray, District- Siwan, working as Panchayat teacher
under the new primary school, Rasulpur Bind Tola, Hussainganj, Siwan.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of BIhar, Pitna.
2. The Director, Primary Education Department, Government of BIhar, Pitna.
3. The District Magistrate, Siwan.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Development Officer, Hussainganj, Siwan.
7. The Block Education Officer, Hssainganj, Siwan.
8. The Panchayat Secretary, Gram Panchayat Raj, Chanp.
9. The Headmaster, New Primary School Rasulpur, Bind Toli, Hussainganj,
Siwan.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3618 of 2023
======================================================
1. Manish Kumar Son of Sri Deep Narayan Yadav, Resident of Village-
Reshana, Ward No. 1, P.O.- BishanpurArar, P.S.- Gwalpara, District-
Madhepuar.
2. Sudhir Kumar Yadav Son of Sri Sushil Kumar Yadav, Resident of Village-
Domahan, Bela Singer Moti, Ward No. 3, P.O.- Dighiya, P.S.- Nirmali,
District- Supaul.
3. Sanjay Kumar Yadav Son of Maheshwar Prasad Yadav, Resident of Village-
ThehoAnandpur, Ward No. 11, P.O.- Dagmara, P.S.- Kunaoli, District-
Supaul.
4. KumariAdlin Raj Wife of Sri RakeshRoshan, Resident of Village- Sahugarh,
Ward No.7, P.O.- Bhagwanpur, P.S.- Madhepura, District- Madhepura.
5. Nirmala Kumari Wife of Sri Shiv Krishna Prasad Gupta, Resident of
Village- Narahi, Ward No. 3, P.O.- Mahadeomath, P.S.- Andhramath,
District- Madhubani.
6. FulKumari Devi Wife of Sri Chandradeo Prasad, Resident of Village-
Dagmara, Ward No. 14, P.O.- Dagmara, P.S.- Kunaoli, District- Supaul.
7. KiranKumari Wife of Sri Sanjay Kumar Sah, Resident of Village- Dagmarla,
Ward No. 08, P.O.- Dagmara, P.S.- Kunaoli, District- Supaul.
8. MantaKumari Wife of Sri Dambar Kumar Safi, Resident of Village- Haripur,
P.O.- Kunaoli, P.S.- Kunaoli, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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2. The District Education Officer, Supaul.
3. The District Programme Officer, (Estb.), Supaul.
4. The Block Education Officer, Block- Nirmali, Distt.- Supaul.
5. The Block Development Officer, Block- Nirmali, Distt.- Supaul.
6. The Panchayat Secretary-cum-Secretary Employment Unit, Panchayat Raj
Dagmara,Block- Nirmali, Distt.- Supaul.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3916 of 2023
======================================================
Satya Narayan Chaudhary S/o Kailash Chaudhary R/o village - Baligarh, P.S.
- Runni-saidpur, District - Sitamarhi. A/p- Panchayat Teacher, Primary
School, Baligarh (Harijan), P.S. - Runnisaidpur, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Department, Government of Bihar, Patna.
2. The District Magistrate, Sitamarhi.
3. District Education Officer, Sitamarhi.
4. The District Program Officer (Establishment), Sitamarhi.
5. The Head Master, Primary School, Baligarh (Harijan), P.S.- Runnisaidpur,
District - Sitamarhi.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4210 of 2023
======================================================
Sunil Chaudhary Son of Nathul Chaudhary, resident of Village - Kana Bigha,
Post - Silaunja, Police Station - Belaganj in the district of Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Jehanabad.
5. The District Programme Officer (Estb.), Jehanabad.
6. The Block Development Officer, Jehanabad.
7. The Block Education Officer, Jehanabad.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6818 of 2023
======================================================
Anjay Kumar Son of Ganesh Das Resident of Village and P.O.- Tetri, P.S.-
Naugachia, District- Bhagalpur, Presently posted and Working as Untrained
Panchayat Teacher (Primary) New School, Marghia, Panchayat Raj West,
Barinagar, Block- Barari, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Human Resources
Department, Government of Bihar, Patna.
2. The Additional Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. The Director, Primary Education, Patna, Bihar.
4. The District Magistrate, Katihar.
5. District Superintendent of Education, Katihar.
6. Block Education Officer, Barari, Katihar.
7. Block Development Officer, Barari, Katihar.
8. The Panchayat Secretary, Gram Panchayat Raj West Barinagar, P.S. and
Block- Barari, District- Katihar.
9. The Head Master, Primary New Vidyalaya, Maraghiya West Tola, Gram
Panchayat Raj West Barinagar, P.S. and Block- Barari, District- Katihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7915 of 2023
======================================================
Babulal Choudhary Son of Jagdish Choudhary Resident of Village-
Mahammaadpur, P.O.-Raitar, P.S.-Giriyak, District- Nalanda, PIn-803109
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary Cum-Commissioner,
Department of Education, State of Bihar, Patna.
2. The Director (Primary Education), Department of Education, New
Secretariat, Patna.
3. District Magistrate, Nalanda.
4. The District Education Officer, Nalanda.
5. The District Progamme Officer, Establishment Nalanda.
6. The Block Development Officer, Silao, Nalanda.
7. The Block Education Officer, Silao, Nalanda.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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8. The President-Cum-Mukhiya, Employment Committee, Panchayat Fatehpur,
Nalanda.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11735 of 2023
======================================================
Sanjeev Sharma son of Akhilesh Sharma, Resident of Village-Nurasa, P.S.
Kako, District-Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Primary Education, Directorate Education Department, Govt.
of Bihar, Patna.
3. The Secretary, Human Resources Department, Govt. of Bihar, Patna.
4. The District Magistrate, Jehanabad.
5. The District Education Officer, Jehanabad.
6. The District Programme Officer (Establishment), Jehanabad.
7. The Block Education Officer, Block-Kako, District-Jehanabad.
8. The Panchayat Secretary, Gram Panchayat Nerthuwa, District-Jehanabad.
9. The Principal, Primary School, Village-Lakshmi Bigha, Gram Panchayat
Nerthuwa, Block-Kako, District-Jehanabad.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12830 of 2023
======================================================
Nirmala Kumari W/o-Akhilesh Singh R/o-Village-Chhakkn Bigha, P.O.-
Barun, P.S.-Barun, District-Aurangabad. At Present Working as Panchayat
Teacher, Primary School Yadav Tola, Lodipur, Block-Sheikhpura, District-
Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secreary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Govt. of Bihar, Patna.
3. The District Education Officer, Sheikhpura.
4. The District Programme Officer (Estt.) District-Sheikhpura.
5. The Headmaster, Primary School Yadav Tola, Lodipur, Block-Sheikhpura,
District-Sheikhpura.
6. The Panchayat Secretary, Gram Panchayat Raj Lodipur, Block-Sheikhpura,
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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District-Sheikhpura.
7. The Mukhiya Gram Panchayat Raj Lodipur, Block-Sheikhpura, District-
Sheikhpura.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12838 of 2023
======================================================
1. Ram Naresh Manjhi Son of Mohan Manjhi, Resident of Village Karmaini
Ghazi, P.S. - Kuchaikot, District - Gopalganj.
2. Rajesh Kumar Sah, son of Paras Nath Sah, Resident of Village Karmaini
Ghazi, P.S. - Kuchaikot, District- Gopalganj.
3. Shankar Bhagwan Yadav, Son of Ramnath Yadav, Resident of vill.- Baliwan
Sagar, P.S.- Bishambharpur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. Additional Chief Secretary, Department of Human Resource Development,
Govt. of Bihar, Patna.
3. District Education Officer, Gopalganj.
4. District Programme Officer (Estb.) cum Nodal Officer, Vigilance Cell,
Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1943 of 2024
======================================================
1. Ranjeet Kumar Son of Yogendra Kumar, Resident of Mohalla - Bengali Para
Rajgir, P.S. - Rajgir, District - Nalanda.
2. Shiv Kumar Chaudhary, Son of Munshi Chaudhary, Resident of Village
-Nalanda More, P.S. - Nalanda, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Nawada.
4. The District Programme Officer, Establishment, Nawada.
5. The Block Education Officer, Akbarpur, Nawada.
6. The Headmaster, Primary School, Munipur, Block - Akbarpur, Nawada.
7. The Panchayat Secretary, Gram Panchayat Makhar, Akbarpur, Nawada.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
15/53
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3394 of 2024
======================================================
1. Manish Kumar son of Sri Kripa Shankar Sharma, Resident of village -
Heman Chapra, Post and Police Station - Kotwa, district - East Champaran,
at present posted at Primary School, Kanspur, Gram Panchayat Raj
Darmaha, Block Kalyanpur, District East Champaran,
2. Pushpa Kumari, daughter of Sri Kameshwar Singh, resident of village
Darmaha, Post Darmaha, Police Station Kesariya, District East Champaran,
at present posted at Primary School, Ramgarhwa, Gram Panchayat Raj
Darmaha, Block Kalyanpur, District East Champaran,
3. Shashikant Prasad, son of Sri Mangal Prasad, resident of village Rampur
Gopal, Post Koyla Belwa, Police Station Chakiya, District East Champaran,
at present posted at Utkramit Middle School, Darmaha, Gram Panchayat Raj
Darmaha, Block Kalyanpur, District East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Through Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna
3. The Director, Primary Education, Bihar, Patna.
4. The District Education Officer, East Champaran
5. The District Programme Officer, Establishment, East Champaran
6. The Block Education Officer, Kalyanpur Block, East Champaran.
7. The Panchayat Secretary, Gram Panchayat Raj Darmaha, Kalyanpur Block,
East Champaran
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3550 of 2024
======================================================
Ramakant Yadav son of Late Bhuneshwar Yadav, resident of Village-
Jamuawan, Police Station-Muffasil, in the district of Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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4. The District Education Officer, Gaya.
5. The District Program Officer (Estb.) Gaya.
6. The District Panchayat Raj Officer, Gaya.
7. The Block Education Officer, Manpur Block in the district of Gaya.
8. The Gram Panchayat Sohaipur under Manpur Block in the district of Gaya
through its Secretary.
9. The Panchayat Secretary, Gram Panchayat Sohaipur under Manpur Block in
the district of Gaya.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4325 of 2024
======================================================
1. Priyanka Kumari Daughter of Sri Ramesh Prasad, R/o village and P.O. -
Bisainikala, P.S. Rajpur.
2. Munna Prasad Gupta, Son of Dinesh Prasad Gupta, R/o - Ward No. 16,
Dehri on Sone, P.O. - Dehri on Sone, District- Rohtas.
3. Pushpa Kumari, D/o Siyanandan Ram, R/o Raidas Nagar, Ward No.8, P.S.-
Mirzapur, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Primary Education, Government of
Bihar, New Secretariat, Patna.
2. The District Education Officer, Rohtas.
3. The District Programme Officer (Establishment) Rohtas.
4. The Municipal Commissioner, Sasaram, P.O. and P.S. - Sasram, District -
Rohtas at Sasaram.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6489 of 2024
======================================================
Akhileshwar Prasad son of Late Bir Bahadur Prasad, resident of Village-
Hussepur (Navkatola), P.S.-Bhorey, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Secretary and Commissioner, Department of Human Development
Resources, Government of Bihar, Patna.
3. The Director, Primary Education Department of Human Resources
Development, Government of Bihar, Patna.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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4. The Collector, Gopalganj, District-Gopalganj.
5. The District Superintendent of Education, Gopalganj, District-Gopalganj.
6. The Area Education Officer (Kshetra Shiksha Padadhikari), Bhorey, District-
Gopalganj.
7. The Block Development Officer, Bhorey, District-Gopalganj.
8. The Block Education Officer, Bhorey, District-Gopalganj.
9. The District Teachers Employment Tribunal, Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7458 of 2024
======================================================
1. Nawal Kishore Pandey Son of Mahendra Pandey, posted in Prakhand
Teacher in Utkramit Middle School Madhopur, Block- Akbarpur, District-
Nawadah.
2. Mahesh Prasad Singh, Son of Munni Singh, posted as Prakhand Teacher in
Urdu Middle School, Pithori, Block- Akbarpur, District- Nawadah.
3. Arjun Chaudhary, Son of Narayan Chaudhary, posted as Prakhand Teacher
in Utkramit Middle School, Madhopur, Block- Akbarpur, District- Nawadah.
4. Rakesh Kumar, Son of Umesh Prasad Sharma, posted as Prakhand Teacher
in Utkramit Middle School, Madhopur, Block- Akbarpur, District- Nawadah.
5. Ranjit Kumar, Son of Mahendra Singh, posted as Prakhand Teacher in
Utkramit Middle School, Madhopur, Block- Akbarpur, District- Nawadah.
6. Sanjeev Kumar, Son of Kedar Singh, posted as Prakhand Teacher in
Utkramit Middle School, Kulno, Block- Akbarpur, District- Nawadah.
7. Sindhu Rani, Daughter of Ram Anugrah Prasad Singh, posted as Prakhand
Teacher in Middle School, Mahanandpur, Block- Akbarpur, District-
Nawadah.
8. Ratan Kumar, Son of Arjun Chaudhary, posted as Prakhand Teacher in
Middle School, Paharpur, Block Akbarpur, District- Nawadah.
9. Arvind Kumar, Son of Nawal Kishore Prasad Singh, posted as Prakhand
Teacher in Utkramit Middle School, Kajhia, Block- Akbarpur, District-
Nawadah.
10. Uday Prasad Singh, Son of Late Rajendra Prasad Singh, posted as Prakhand
Teacher in Utkramit Middle School, Maheshdih, Block- Akbarpur, District-
Nawadah.
11. Sinheshwar Prasad Singh, Son of Shiv Prasad Singh, posted in Prakhand
Teacher in Utkramit Middle School, Bhubhai, Block- Akbarpur, District-
Nawadah.
12. Uday Prabhakar, Son of Madan Mohan Pandey, Posted as Prakhand Teacher
in Middle School- Jalalpur, Block Akbarpur, District- Nawadah.
13. Nisha Singh, Daughter of Anil Kumar, posted as Prakhand Teacher in
Middle School- Ningari, Block- Akbarpur, District- Nawadah.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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14. Pramila Kumari, Wife of Hari Nandan Prasad, posted in Prakhand Teacher in
Middle School, Koeribigha, Block- Akbarpur, District- Nawadah.
15. Puja Kumari, Daughter of Jai Prakash Singh, Posted as Prakhand Teacher in
Middle School, Kalonda, Block- Akbarpur, District- Nawadah.
16. Farhat Naz, Daughter of Md. Kamruddin Ansari, posted as Prakhand
Teacher in Utkramit Middle School, Deora, Block- Akbarpur, District-
Nawadah.
17. Baby Kumari, Daughter of Dashrath Chaudhary, posted as Prakhand Teacher
in Kanya Middle School, Akbarpur, Block- Akbarpur, District- Nawadah.
18. Karyanand Kumar, Son of Dayanand Singh, posted as Prakhand Teacher in
Utkramit Middle School, Barail, Block- Akbarpur, District- Nawadah.
19. Arvind Kumar, Son of Janki Ram, posted as Prakhand Teacher in
Nationalised Middle School, Kulna, Block- Akbarpur, District- Nawadah.
20. Sanjay Kumar, Son of Ramavatar Prasad, posted as Prakhand Teacher in
Nationalised Middle School, Kulna, Block- Akbarpur, District- Nawadah.
21. Shailendra Kumar, Son of Kedar Nath Singh, posted as Prakhand Teacher in
Urdu Utkramit Middle School, Makhar, Block- Akbarpur, District-
Nawadah.
22. Ravindra Kumar, Son of Kedar Nath Singh, posted as Prakhand Teacher in
Utkramit Middle School, Deora, Block- Akbarpur, District- Nawadah.
23. Aditya Narayan Singh, Son of Sri Shiv Nandan Singh, posted as Prakhand
Teacher in Urdu Utkramit Middle School, Makhar, Block- Akbarpur,
District- Nawadah.
24. Rubi Kumari, Daughter of Deo Narayan Upadhyay, posted as Prakhand
Teacher in Middle School, Karam, Block- Akbarpur, District- Nawadah.
25. Priyanka Kumari, Daughter of Shashi Bhushan Kumar Shashi posted as
Prakhand Teacher in Utkramit Middle School, Areo, Block- Akbarpur,
District- Nawadah.
26. Sanjeev Kumar, Son of Ram Naresh, posted as Prakhand Teacher in
Utkramit Middle School, Teyar, Block Akbarpur, District- Nawadah.
27. Anil Chaudhary, Son of Bundi Chaudhary, posted as Prakhand Teacher in
Utkramit Middle School, Kajhya, Block- Akbarpur, District- Nawadah.
28. Kusum Lata, Daughter of Krishna Kant Chaudhary, posted as Prakhand
Teacher in Utkramit Middle School, Maheshdih, Block- Akbarpur, District-
Nawadah.
29. Smita Kumari, Daughter of Sagar Mistri, posted as Prakhand Teacher in
Utkramit Middle School, Bhubhai, Block- Akbarpur, District- Nawadah.
30. Birendra Kumar Sinha, son of Gauri Shankar Prasad, posted as Prakhand
Teacher in Urdu Utkramit Middle School, Pachrukhi, Block- Akbarpur,
District- Nawadah.
31. Md. Asim Imam, Son of Md. Wali Ahmad, posted as Prakhand Teacher in
R.M.S. Khaira Kalan, Block Akbarpur, District- Nawadah.
32. Sahnaz Khatoon, Daughter of Md. Salimuddin, posted as Prakhand teacher
in Utkramit Middle School, Makhar, Block- Akbarpur, District- Nawadah.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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33. Jeenat Bano, Daughter of Shabbir Ahmad, posted as Prakhand Teacher in
Urdu Utkramit Middle School, Makhar, Block- Akbarpur, District-
Nawadah.
34. Afsar Ali, Son of Md. Shayakool, posted as Prakhand Teacher in Utkramit
Urdu Middle School Makhar, Block- Akbarpur, District- Nawadah.
35. Qamar Jabir, Daughter of Nazmul Hoda, posted as Prakhand Teacher in
Utkramit Middle School, Rajhat (Urdu), Block- Akbarpur, District-
Nawadah.
36. Md. Vakil Ahmad, Son of Md. Imamuddin, posted as Prakhand Teacher in
Middle School, Runipur, Block Akbarpur, District- Nawadah.
37. Ishrat Bano, Daughter of Md. Islam, posted as Prakhand Teacher in Middle
School, Fatehpur, Block- Akbarpur, District- Nawadah.
38. Md. Shahabuddin, Son of Abdur Raut Warisi, posted as Prakhand Teacher in
Utkramit Middle School, Deora, Block- Akbarpur, District- Nawadah.
39. Md. Gheyasuddin, Son of Md. Salimuddin, posted as Prakhand Teacher in
Middle School, Paijna, Block- Akbarpur, District- Nawadah.
40. Pramila Kumari, Daughter of Sheetal Singh, posted as Prakhand Teacher in
Middle School, Paijna, Block- Akbarpur, District- Nawadah.
41. Md. Kamaluddin, Son of Abdul Rauit Warsi, posted as Prakhand Teacher in
Middle School, Dadpur, Block- Akbarpur, District- Nawadah.
42. Kanchan Kumari, Daughter of Ramdev Singh, posted as Prakhand Teacher
in Utkramit Middle School, Dewra, Block- Akbarpur, District- Nawadah.
43. Shahin Praween, Daughter of Abdul Hassan, posted as Prakhand Teacher in
Utkramit Middle School, Dewra, Block- Akbarpur, District- Nawadah.
44. Manorma Kumari, Daughter of Surendra Prasad, posted as Prakhand
Teacher in Utkramit Middle School, Telbhadra, Block- Akbarpur, District-
Nawadah.
45. Kumari Anamika, Daughter of Ravindra Prasad, posted as Prakhand Teacher
in Utkramiit Middle School, Akbarpur, Block- Akbarpur, District- Nawadah.
46. Birju Prasad, Son of Late Ishwar Mahto, posted as Prakhand Teacher in
Utkramit Middle School, Srirampur, Block- Akbarpur, District- Nawadah.
47. Uday Ram, Son of Sri Ranjit Ram, posted as Prakhand Teacher in Utkramit
Middle School, Sri Rampur, Block- Akbarpur, District- Nawadah.
48. Amrita Devi, Daughter of Suresh Chauhan, posted as Prakhand Teacher in
Utkramit Middle School, Paharpur, Block- Akbarpur, District- Nawadah.
49. Sarita Kumari, Daughter of Shiv Balak Paswan, posted as Prakhand Teacher
in Middle School, Shepur Pakri, Block- Akbarpur, District- Nawadah.
50. Sunita Kumari, Daughter of Sita Ram, posted as Prakhand Teacher in
Utkramit Middle School, Kajhia, Block Akbarpur, District- Nawadah.
51. Rubi Kumari, Daughter of Sita Ram, posted as Prakhand Teacher in Urdu
Utkramit Middle School, Pachrukhi, Block- Akbarpur, District- Nawadah.
52. Simple Kumari, Daughter of Parmeshwar Ram, posted as Prakhand Teacher
in Utkramit Middle School, Maheshdih, Block- Akbarpur, District-
Nawadah.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
20/53
53. Rajnish Kumar, Son of Arvind Prasad Singh, posted as Prakhand Teacher in
Utkramit Middle School, Kusumhar, Block- Akbarpur, District- Nawadah.
54. Satish Kumar, Son of Sri Ramesh Prasad, posted as Prakhand Teacher in
Middle School, Akbarpur, Block- Akbarpur, District- Nawadah.
55. Shyam Sundar Kumar Yadav, Son of Mahaveer Prasad Yadav, posted as
Prakhand Teacher in Middle School, Akbarpur, Block- Akbarpur, District-
Nawadah.
56. Sabana Naz, Daughter of Md. Iddan, posted as Prakhand Teacher in
Nationalised Middle School, Akbarpur, Block- Akbarpur, District- Nawadah.
57. Purshottam Kumar, Son of Girjanandan Singh, posted as Prakhand Teacher
in Nationalised Middle School, Akbarpur, Block- Akbarpur, District-
Nawadah.
58. Seema Kumari, Daughter of Ram Lagan Singh, posted as Prakhand Teacher
in Kanya Middle School, Akbarpur, Block- Akbarpur, District- Nawadah.
59. Moti Prasad, Son of Lakhan Yadav, posted as Prakhand Teacher in Utkramit
Middle School, Jalalpur, Block- Akbarpur, District- Nawadah.
60. Anil Pandey, Son of Late Kapildeo Pandey, posted as Prakhand Teacher in
Utkrakit Middle School, Barail, Block- Akbarpur, District- Nawadah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Nawadah, P.S. and Block- Nawada, District-
Nawada.
4. the District Programme Officer (Est.), Nawadah, P.S. and Block- Nawada,
District- Nawada.
5. The Block Education Officer, Akbarpur, District- Nawadah, P.S. and Block-
Nawada, District- Nawada.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7494 of 2024
======================================================
Ritu Verma W/o Rajiv Kamal, R/o- Village Rani-3, Ward No.- 4, P.S.-
Bachhwara, Dist- Begusarai, Bihar, 851111, At present Panchayat Teacher at
Primary School, Adarsh Nagar (Loha Nagar), Phulwariya- 3 P.S.- Teghra,
Dist- Begusarai Bihar, 851111.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Patna, Bihar.
2. The Director (Primary Education), Education Department, New Secretariat
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
21/53
Patna.
3. The District Magistrate, Begusarai.
4. The District Education Officer, Begusarai.
5. The District Program Officer, Begusarai.
6. The Block Development Officer, Teghra, Begusarai.
7. The Block Education Officer, Teghra, Begusarai.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8039 of 2024
======================================================
Sweta Kumari Daughter of Ramdeo Mehta, Wife of Sudhir Kumar Mehta,
Resident of Village and Post Office- Gokulpur, Police Station- Krityanand
Nagar, Disrict- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director Primary Education Department, Government of Bihar, Patna.
3. The Director Institute of Research and Training Council, Bihar, Patna.
4. The District Education Officer, Government of Bihar, Patna.
5. 5. The District Programme Officer (Establishment), Purnea.
6. The Block Education Officer, Rupauli, District- Purnea.
7. The Member Secretary-cum-Panchayat Secretary Employment Unit Gram
Panchayat Raj- Kanp, Block- Rupauli, District- Purnea.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11438 of 2024
======================================================
Amit Kumar S/o Sri Karm Lal Yadav R/o- Village and P.O.- Manikpur, P.S.-
Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar Through Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Director Primary Education, Education Department, Bihar, Patna.
3. The District Magistrate, Madhepura.
4. The District Education Officer, Madhepura.
5. The District Program Officer (Establishment), Madhepra.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
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6. The Block Education Officer, Madhepura.
7. The Panchayat Secretary, Panchayat Education Employment Unit Manikpur,
District- Madhepura.
8. The Headmaster Primary School Araraha, Yadav Tola, Ward No. 12,
Madhepura.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11785 of 2024
======================================================
Kumari Rina Kumari W/o Late Sanjay Kumar Yadav, Vill- Gajdhara, P.S-
Durgawati, Distt.- Kaimur. (Bhabhua), Bihar, 821105
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Secretary Education Deptt.,, Government of Bihar. Patna.
3. The Director Secondary Education Board, Government of Bihar, Patna.
4. The District Board, Rohtas at Sasaram through its Chairman.
5. The District Magistrate, Rohtas at Sasaram
6. The Deputy Development Commissioner-Cum-Chief Executive Officer
District Board, Rohtas at Sasaram.
7. The District Education Officer, Rohtas at Sasaram.
8. The District Programme Officer (R.M.S.A), Rohtas at Sasaram
9. The District Programme Officer (ESTB), Rohtas at Sasaram
10. The Controller , Bihar School Examination Board, Patna.
11. The Head Master/Principal, Sarvodya SS (plus 2) High School, Sarraiya,
Rohtas, Block Chenari
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 10222 of 2022)
For the Petitioner/s : Ms. Veena Kumari Jaiswal, Advocate
Mr. Upendra Pd, Advocate
For the Respondent/s : Mr. Advocate General
Mr. Jitendra Kr. Roy 1 (Sc13)
(In Civil Writ Jurisdiction Case No. 8423 of 2022)
For the Petitioner/s : Mr. Durgesh Kumar, Advocate
For the Respondent/s : Mr. Prabhakar Jha ( Gp 27 )
(In Civil Writ Jurisdiction Case No. 8446 of 2022)
For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate
For the Respondent/s : Smt. Binita Singh ( Sc 28 )
For the BEPC : Mr. Girish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 10277 of 2022)
For the Petitioner/s : Mr.Rama Kant Singh
For the Respondent/s : Mr.Madhaw Prasad Yadaw ( Gp 23 )
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
23/53
(In Civil Writ Jurisdiction Case No. 10613 of 2022)
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw (Gp23)
(In Civil Writ Jurisdiction Case No. 10838 of 2022)
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Smt. Shilpa Singh (Ga12)
Mr. Ram Vinay Pd. Singh, AC to GA- 12
Ms. Abhanjalli, Advocate
(In Civil Writ Jurisdiction Case No. 10870 of 2022)
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra (Sc16)
Mr. Madhukar Mishra, AC to SC- 16
(In Civil Writ Jurisdiction Case No. 11763 of 2022)
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra ( Sc 16 )
Mr. Madhukar Mishra, AC to SC- 16
(In Civil Writ Jurisdiction Case No. 11813 of 2022)
For the Petitioner/s : Mr. Suman Kumar, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
(In Civil Writ Jurisdiction Case No. 12237 of 2022)
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Respondent/s : Mr. Prabhakar Jha (Gp27)
(In Civil Writ Jurisdiction Case No. 12389 of 2022)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
(In Civil Writ Jurisdiction Case No. 12485 of 2022)
For the Petitioner/s : Md. Ataul Haque, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
(In Civil Writ Jurisdiction Case No. 13052 of 2022)
For the Petitioner/s : Mr. Amish Kumar, Advocate
Mr. Krishna Chandra Jha, Advocate
For the Respondent/s : Mrs. Binita Singh (Sc28)
(In Civil Writ Jurisdiction Case No. 13805 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Smt. Binita Singh (Sc28)
(In Civil Writ Jurisdiction Case No. 14066 of 2022)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Smt. Shilpa Singh (Ga12)
Mr. Ram Vinay Pd Singh, AC to GA- 12
Ms. Abhanjalli, Advocate
(In Civil Writ Jurisdiction Case No. 18335 of 2022)
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Madanjeet Kumar (Gp20)
(In Civil Writ Jurisdiction Case No. 3618 of 2023)
For the Petitioner/s : Mr. Shambhu Sharan Kumar, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra (Sc16)
Mr. Madhukar Mishra, AC to SC- 16
(In Civil Writ Jurisdiction Case No. 3916 of 2023)
For the Petitioner/s : Mr. Dinesh Jha, Advocate
For the Respondent/s : Mr. Madhaw Prasad Yadaw ( Gp 23 )
Mr. Sanjay Kumar, AC to GP- 23
(In Civil Writ Jurisdiction Case No. 4210 of 2023)
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr. Prabhakar Jha ( Gp 27 )
Mr. Shankar Kr. Thakur, AC to GP- 27
(In Civil Writ Jurisdiction Case No. 6818 of 2023)
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
24/53
For the Petitioner/s : Mr. Rajesh Kumar Pandey
For the Respondent/s : Mr. Madanjeet Kumar (Gp20)
(In Civil Writ Jurisdiction Case No. 7915 of 2023)
For the Petitioner/s : Mr. Om Prakash Prasad, Advocate
For the Respondent/s : Smt. Binita Singh (Sc28)
(In Civil Writ Jurisdiction Case No. 11735 of 2023)
For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate
For the Respondent/s : Mr. Madanjeet Kumar (Gp20)
(In Civil Writ Jurisdiction Case No. 12830 of 2023)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra (Sc16)
Mr. Madhukar Mishra, AC to SC- 16
(In Civil Writ Jurisdiction Case No. 12838 of 2023)
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
For the Respondent/s : Smt. Binita Singh ( Sc 28 )
(In Civil Writ Jurisdiction Case No. 1943 of 2024)
For the Petitioner/s : Mr. Gajendra Kumar, Adv
For the Respondent/s : Mr. Government Pleader (2)
(In Civil Writ Jurisdiction Case No. 3394 of 2024)
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr. Advocate General
Mr. Standing Counsel 26
Mr. Tripharasi, AC to SC- 26
(In Civil Writ Jurisdiction Case No. 3550 of 2024)
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel 7
(In Civil Writ Jurisdiction Case No. 4325 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Standing Counsel 26
Mr. Tripurari Nath, AC to SC- 26
(In Civil Writ Jurisdiction Case No. 6489 of 2024)
For the Petitioner/s : Ms. Guriya Nisha, Advocate
For the Respondent/s : Mr. Additional Advocate General (7)
(In Civil Writ Jurisdiction Case No. 7458 of 2024)
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Md. Mujabaul Haque, GP- 12
Mr. Pranoy Kumar, AC to GP- 12
(In Civil Writ Jurisdiction Case No. 7494 of 2024)
For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
(In Civil Writ Jurisdiction Case No. 8039 of 2024)
For the Petitioner/s : Mr. Gyanand Roy, Advocate
For the Respondent/s : Mr. Standing Counsel 04
(In Civil Writ Jurisdiction Case No. 11438 of 2024)
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
For the Respondent/s : Mr. Raghwendra, SC- 22
(In Civil Writ Jurisdiction Case No. 11785 of 2024)
For the Petitioner/s : Mr. Prakash Tiwari, Advocate
For the Respondent/s : Mr. Government Advocate (3)
Mr. Shiv Kumar, AC to GA- 3
For the B.S.E.B. : Ms. Surya Nilambari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 13-08-2024
Heard learned counsel for the petitioners and learned
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
25/53
Advocate General for the State.
2. The petitioners who are Panchayat Teachers/ Block
Teachers have filed these writ petitions under the following
circumstances:
Reg.: CWJC No. 10222 of 2022
2.1. The petitioner was appointed as Niyojit
Panchayat Shikshika in Prathmik Vidyalaya, Chakia, Mushahri,
Amni, Dist. Khagaria in the year 2006. The petitioner states that
she continued to work as Niyojit Teacher in the aforesaid
school and has filed this writ petition seeking a direction to the
respondent authorities to pay the current salary as well as arrear
of salary from the month of June, 2020 onwards.
Reg.: CWJC No. 8423 of 2022
2.2 The petitioner, who is a Panchayat teacher at
Primary School, Bajrang Nagar Pabher Dhanarua, District
Patna, appointed on 14.08.2010, has filed this writ petition
seeking payment of increased salary of the petitioner as
Panchayat teacher on and from 22.11.2016.
Reg.: CWJC No. 8446 of 2022
2.3. The petitioner, who is a Panchayat Teacher at
Rajkiya Prathamik Vidyalaya Urdu, Rudalpur, Block- Jalalpur,
Dist. Saran at Chapra has filed this writ petition seeking a
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
26/53
direction to the respondent authorities for payment of arrear of
salary from 2018 as well as the current salary.
Reg.: CWJC No. 10613 of 2022
2.4. The petitioner, who is a Panchayat teacher at
Government Middle School, Gonauli, Block- Lauriya, Dist.
West Champaran, has filed this writ petition seeking a direction
to the respondent authorities for payment of salary from June,
2022.
Reg.: CWJC No. 10838 of 2022
2.5. The petitioners, are three in numbers. Petitioner
No. 1 is a Panchayat Teacher at Gram Panchayat, Sahuriya
Block Banma Ithari, Dist. Saharsa vide appointment letter as
contained in memo no. 8 dated 18.06.2018 by Panchayat
Secretary of the Employment Committee. Petitioner Nos. 2 and
3 are Assistant teacher in untrained pay-scale in terms of
appointment letter as contained in memo No. 13 dated
18.06.2018
and memo No. 11 dated 18.06.2018 respectively,
issued by Panchayat Secretary of the Employment Secretary.
The petitioner Nos. 2 and 3 are working at Primary School,
Dhadia, Anchal Banma Ithari, Dist. Saharsha and Primary
School, Rampokhar, Anchal Banma Itahri, Dist. Saharsa
respectively. The petitioners have filed this writ petition for a
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
direction to the respondent authorities to pay the salary of the
petitioners with all consequential benefits attached to the post.
2.6. The petitioners, altogether 16 in number who are
Panchayat teachers working at different schools as set out in
paragraph No. 4 of the writ petition, have filed this writ petition
seeking a direction to the respondent authorities for payment of
their salary from June, 2018 onwards.
2.7. The petitioners, altogether 7 in numbers who are
Panchayat teachers working in different schools as mentioned in
Paragraph No. 4 to 10 of the writ petition have filed this writ
petition for payment of salary by the respondent authorities.
2.8. The petitioner, who is a Panchayat teacher
working at Upgraded Middle School, Sonbarsa, Barauli, Dist.
Gopalganj has filed this writ petition for payment of salary by
the respondent authorities. The learned counsel for the petitioner
has submitted that the petitioner has now become a regular
Assistant teacher. The fact that the petitioner has become an
Assistant teacher at subsequent point of time is not on record.
However, the grievance raised by petitioner in the instant writ
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
petition is for payment of salary, while the petitioner was a
Panchayat teacher.
2.9. The petitioners, altogether 10 in numbers, stated
to be Panchayat and Block teachers have filed this writ petition
for payment of salary from November, 2019.
2.10. The petitioner, who is a Panchayat Teacher since
12.07.2014 at the new Primary School, Rasulpur, Bind Toli,
Hussainganj, Siwan has filed this writ petition for payment of
salary from the date of his appointment i.e., on 12.07.2014.
2.11. The petitioners, altogether 8 in numbers who are
Panchayat Teachers have filed this writ petition for payment of
salary since their joining on 16.08.2010.
2.12. The petitioner, who is a Panchayat Teacher at
Primary School, Baligarh (Harijan), P.S.- Runnisaidpur, District
- Sitamarhi has filed this writ petition for payment of salary
from 08.03.2022.
2.13. The petitioner who claims to be a Block Teacher
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
in Middle School, Ismailpur under Jehanabad Block vide Letter
No. 337 dated 20.07.2007 has filed this writ petition
challenging the suspension of the petitioner vide Memo No. 19
dated 07.12.2017.
2.14. The petitioner who is a Panchayat Teacher,
Primary New Vidyalaya, Maraghiya West Tola, Gram Panchayat
Raj, West Barinagar, District-Katihar has filed this writ petition
for payment of salary of the petitioner from November 2009 to
January 2010 and from October 2020 onwards.
2.15. The petitioner, who was a Panchayat Teacher at
Primary School, Gulla Bigha and resigned on 06.08.2021 has
filed this writ petition for payment of salary from November
2019 to 06.08.2021.
2.16. The petitioner who is a Panchayat Teacher at
Navsrijit Prathmik Vidyalaya, Laxmi Bigha, Kako (Jehanabad)
has filed this writ petition challenging the order dated
09.09.2021 issued by the District Education Officer, Jehanabad
withholding the salary of the petitioner.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
2.17. The petitioner who is a Panchayat Teacher at
Primary School Lodipur, Yadav Tola, Block-Sheikhpura,
District - Sheikhpura has filed this writ petition seeking a
direction to the respondent to pay the salary of the petitioner for
the month of April 2022 to June 2022 and from April 2023
onwards.
2.18. The petitioners, though in the writ petition have
not stated in the writ petition that in which school they are
working, but according to the learned counsel for the
petitioners, petitioners are Panchayat Teachers working at
different schools vide Annexure-1, have filed this writ petition
challenging the order dated 12.03.2022 passed by the
respondent No. 4/the District Programme Officer
(Establishment)-cum- Nodal Officer, Vigilance Cell, Gopalganj
vide Memo No. 834, whereby the representation of the
petitioners for payment of salary of the petitioners for the month
December 2019 to 15th October 2021 in terms of the order dated
27.09.2021 passed by this Court in C.W.J.C. No. 5125 of 2020,
has been rejected.
Learned counsel for the petitioners have contended
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
that the respondent authorities have violated the order dated
27.09.2021, passed in C.W.J.C. No. 5125 of 2020.
On perusal of the order dated 27.09.2021, passed by
this Court in C.W.J.C. No. 5125 of 2020, it appears that the
petitioners were granted liberty to file their representation
before the competent authority for payment of salary for the
period during which they were not allowed to discharge their
duties and on such representation being filed by the petitioners,
the respondent authorities were directed to take a decision on
the representation filed by the petitioners.
It was in pursuance of the direction of this Court
passed in CWJC No. 5125 of 2020 that the petitioner have been
denied their salary. The petitioners have now approached this
Court again by filing the present writ petition.
2.19. The petitioners, who are panchayat teachers
working at Primary School, Munipur, have filed this writ
petition seeking a direction to the respondent nos. 4 and 5 to
release salary of the petitioner no.1 since December 2019 and in
the case of petitioner no.2 since July 2020.
2.20. The petitioners who claims to be panchyat
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
teachers working in different schools under Gram Panchayat Raj
Darmaha, Kalyanpur District- East Champaran, have filed this
writ petition for payment of arrears of salary from October,
2018 as well as current salary of petitioners in the light of
direction contained in Memo No. 318 dated 21.03.2023 issued
by the Education Department.
2.21. The petitioner who claims to be a Panchayat
Teacher since July 2006 and has filed this writ petition seeking
direction to the respondents for payment of salary of the
petitioner from the month of September, 2016 to the month of
June, 2018 and also for payment of subsistence allowance from
19.11.2016 to 31.12.2017.
2.22. The petitioners are Panchayat Teachers who
have filed this writ petition for payment of salary from August,
2020.
2.23. The petitioner is a Panchayat Teacher who has
filed this writ petition for payment of salary from 2006.
2.24. The petitioners, who are Block Teachers have
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
approached this Court by filing this writ petition seeking a
direction to the respondents for payment of their salary since
03.08.2015.
2.25. The petitioner is a Panchayat Teacher who has
filed this writ petition seeking a direction to the respondents for
payment of salary from November, 2020.
2.26. The petitioner claiming to be appointed as
Panchayat Teacher by letter No. 12 dated 20.10.2014 issued
under the joint signature of the Mukhiya-cum-Chairman,
Panchayat Employment Unit Gram Panchayat Raj-Kanp, Block-
Rupauli, Distric- Purnea as well as the Panchayat Secretary-
cum-Member Secretary, Gram Panchayat Raj-Kanp, Block-
Rupauli, District- Purnea as well the Block Education officer,
Block- Rupauli, District- Purnea has filed this writ petition
seeking a direction to the respondents to allow her to discharge
duty as Panchayat Teacher and also for regularization of period
of absence of the petitioner for the period 11.10.2022 to
05.02.2024 as well as for payment of arrear and current salary.
The petitioner has also filed an interlocutory
application being I. A. No. 01 of 2024 in which the Memo No.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
53 dated 05.07.2024 issued by the Panchayat Secretary-cum-
Member Secretary, Gram Panchayat Raj-Kanp, Block- Rupauli,
District- Purnea, whereby the petitioner has been removed from
service and also a direction has been issued to the petitioner to
deposit the amount she has received as salary from the date of
her engagement till her removal from service, has been put
under challenge.
2.27. The petitioner, who claims to be a Block
Teacher has filed this writ petition challenging the order dated
08.09.2023 issued by the District Education Officer, Madhepura
whereby it has been held that after the adjustment of the
petitioner's service in Primary School, Ararha Yadav Tola,
Madhepura, the petitioner has not jointed the service and,
therefore, the petitioner is not entitled to his salary. The
petitioner's contention is that he had in fact joined the service
and has also withdrawn salary from July, 2015 to May, 2016.
2.28. The petitioner who claims to be appointed as
Hindi Teacher in Sarvodaya High School, Sarraiya, Chenari,
Rohtas on compassionate ground vide letter No. 83 dated
12.03.2020 issued by the Deputy Commissioner-cum-Chief
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
Executive officer District Board, Rohtas at Sasaram has filed
this writ petition for payment of petitioner's salary from
17.03.2020.
2.29. The petitioner who is a Panchayat Teacher at
Primary School, Makhraur, under Gram Panchayat Nima in the
Prakhand of Dobhi, District Gaya has filed this writ petition for
payment of petitioner's salary from December, 2019.
Reg.: CWJC 12389 of 2022
2.30. The petitioner, who claims to be working as
Panchayat Teacher at N.P.S., Sidharth Ke Bari, Block - Hathua
within the district of Gopalganj since 17.03.2022, has filed this
writ petition for payment of her salary from March, 2022.
2.31. The petitioner, who claims to be Block Teacher
(Physical Teacher) at Middle School, Bharkuria (North) in the
Block Dalmia Nagar, District Rohtas since 20.08.2010, has filed
this writ petition challenging Memo No. L-1378 dated
29.04.2022 issued under the signature of District Programme
Officer (Establishment), Rohtas at Sasaram (Respondent No. 4),
whereby the petitioner's salary has been stopped.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
2.32. The petitioner, who claims to be a Panchayat
Teacher appointed on 23.07.2015 in Basic Grade Untrained in
Primary School, Bhimri, Harijan Tola, Gram Panchayat Raj
Paikant, Block - Gogri, District Khagaria, has filed this writ
petition challenging Memo No. 14 dated 04.06.2021 issued by
Respondent No. 8 / The Panchayat Secretary-cum-Member
Secretary, Gram Panchayat Raj Paikant, Block - Gogri, District
Khagaria, whereby he has been terminated from the service.
2.33. The petitioner, who is claiming to be a District
Board Secondary teacher vide letter no. 12/257 dated
02.08.2013 by the respondent no.4 - the D.D.C.-cum-Chief
Executive Officer-cum-Secretary, Zila Parisad, (District Board),
Samastipur, has filed this writ petition for payment of arrears of
salary of the petitioner for the period August 2018 to November
2019. The petitioner, thus, is a teacher appointed and working
under the local bodies.
2.34. The petitioner, who claims to be selected for
appointment as Niyojit teacher for Nav. Prathmic Vidyalay
Tapara Tola by Memo No. 04 dated 23.02.2022 issued by the
Secretary-cum-Panchayat Sachiv Panchayat Shikshak Niyojan
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
Ikai, Shekhpura and joined school by submitting his joining
letter dated 25.02.2022, has filed this writ petition for payment
of regular salary.
3. Learned Advocate General has submitted that the
petitioners in these batch of writ petitions have a remedy
provided under the Bihar State Teaching Institutions Teachers
and Employees (Dispute Redressal and Appeal) Rules, 2020
(hereinafter referred to as "Rules 2020"), wherein the petitioners can
approach the concerned District Appellate Authority constituted at the
District level for redressal of their grievances. The State appellate
authority has also been constituted at the State level to hear the appeal
preferred against the orders passed by the District Appellate Authority.
3.1. The learned Advocate General, therefore, submits that
the petitioners have an alternative remedy before the District Appellate
Authority and accordingly these writ petitions should not be
entertained and the matter can be remitted back to the concerned
District Appellate Authority.
4. Learned counsel appearing in CWJC No. 12838 of
2023 has submitted that denial of salary by the respondents is a
violation of the petitioner's right to life under Article 21 of the
Constitution of India and when the petitioner's fundamental right
under Article 21 of the Constitution of India is violated the writ
petition is maintainable notwithstanding the alternative remedy
provided by the Rules/Statute.
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
4.1 In support of his contention, learned counsel for the
petitioner has also relied on a decision rendered by the Hon'ble
Supreme Court in the case of Popcorn Entertainment v. City
Industrial Development Corpn., reported in (2007) 9 SCC 593.
4.2. Learned counsel for the petitioner further
submitted that the District Appellate Authorities are without the
Presiding Officers. Learned counsel for the petitioner has also
submitted that even the State Appellate Authority is also not
functioning because of non appointment of the Presiding
Officers. The contention of the petitioner that the District
Appellate Authorities and the State Appellate Authority are
without the Presiding Officers, is, however, not a part of the
record of the writ petition.
5. Submissions advanced by the learned counsel for
the contesting parties have received due consideration of this
Court.
6. Before dealing with the contention raised by the
learned counsel appearing in CWJC 12838 of 2023, the remedy
provided under the Bihar State Teaching Institutions Teachers
and Employees (Dispute Redressal and Appeal) Rules, 2020 for
redressal of the grievances of the teachers appointed and
working under the local bodies may be examined.
7. The title of the Rules 2020 itself suggests that it is a
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
rule made to provide the dispute redressal mechanism for the
State teaching institutions teachers and employees for which the
Rule 2(iii) of the Rules 2020 seeks to constitute District
Appellate Authority at the District level and State Appellate
Authority at the State level.
8. Rule 2(xii) defines teachers as under:
(A) Teachers working under Panchayati Raj
Institutions and Urban body Institutions in
Govt./Nationalised Primary and Middle
School, Secondary School, Senior Secondary
Schools as per rules notified by the Govt. of
Bihar from time to time.
(B) The teachers working under the
Managing Committee of 108 Elementary
Schools aided by the State Govt.(Including
Minority Schools) in which education is
being imparted upto standard 5th or 8th.
(C) Teachers working under the Managing
Committee/Trust in Aided, permission for
establishment, recognised Secondary and
Senior Secondary Schools.
(D) Teachers of Private Schools.
9. The petitioners in these batch of writ petitions are
either Panchayat Teachers/ Municipal Teachers/ Block Teachers,
appointed and working under the local bodies. The petitioners,
therefore, are teachers as defined under Rule 2(xii)(A) which
says teacher means teachers working under Panchayati Raj
Institutions and Urban body Institutions in Govt./Nationalised
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
Primary and Middle School, Secondary School, Senior
Secondary Schools as per rules notified by the Govt. of Bihar
from time to time.
10. Rule 13 of the Rules,2020 reads as under:
13. Powers and Function of the
District Appellate Authority.--
(A)(i) To resolve the disputes and complains
pertaining to procedure of recruitment under
Panchayati Raj Institutions and Urban body
Institutions in Govt./Nationalised Primary
and Middle School, Secondary School,
Senior Secondary Schools as per provisions/
rules notified by the Govt. of Bihar from time
to time.
(ii) To resolve the disputes and
complaints pertaining to recruitment of
Headmaster/Teacher/Non-teaching staffs
and promotion to the post of Headmaster by
the Managing Committee of 108 Govt. Aided
Elementary Schools (Including Minority
Schools) in which the education is imparted
upto 5th or 8th standard.
(iii) To resolve the disputes and
complaints pertaining to process of
recruitment and distribution of Grants-in-
Aid with respect to Aided/ Permission for
Establishment/Recognised Secondary and
Senior Secondary Schools and Aided
Colleges.
(iv) To resolve the disputes
between the Headmaster/Teacher/ Non-
teaching staffs and the Managing Committee
of Private Schools.
(v) To resolve such disputes
pertaining to Headmasters/Teachers/ Non-
teaching Staffs working under Panchayati
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
Raj Institutions and Urban body Institutions
in Govt./ Nationalised Primary and Middle
School, Secondary School, Senior Secondary
Schools, who in case of being aggrieved by
execution of the service condition, as
prescribed, may prefer Appeal against the
decision of the competent authority /
committee.
(vi) To resolve the disputes of
execution of service condition of
Headmasters/ Teachers/Non-teaching staffs
of Govt. aided 108 Elementary Schools
(Including Minority Schools) in which
education is imparted upto standard 5th or
8th and in case of any appeal being
preferred by the Headmaster/Teachers/Non-
teaching staffs being aggrieved by the
decision of the concerned Managing
Committee.
(vii) To resolve the disputes
pertaining to execution of service condition
of Principal/Vice-Principal/ Assistant
Principal/Headmaster/Teachers/ Non-
teaching staffs of Aided, Permission for
Establishment, Recognised Secondary/
Senior Secondary Schools and Aided
Colleges and in case of any appeal being
preferred by the concerned Principal/ Vice-
Principal/ Assistant Principal / Headmaster/
Teacher/ Non-teaching staffs being
aggrieved by the decision of the concerned
Managing Committee.
(viii) The presiding officer of the
Authority after making necessary
verification and after hearing the parties
shall pass the order to dispose of the
disputes/ complaints.
(ix) The authority shall have
jurisdiction to get the matter enquired into
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
by any officer of the Education Department
of the district or any administrative officer.
(B) The office of the Appellate Authority
shall duly maintain all the records of the
complaints/ Appeals.
(C) All the Complaints/ Appeals shall be
filed before the District Appellate Authority
within 30 days from the date of cause of
action. The Appellate Authority will have
jurisdiction to condone the delay in
preferring the Complaints/ Appeals after
expiry of 30 days on the basis of reasonable
grounds.
(D) The District Appellate Authority shall
have the same powers for enquiry of any
matter or hearing which has been vested in
the Civil Court under Civil Procedure Code,
1908. While adjudicating any dispute the
following powers shall be exercised:--
(i) To issue summons to ensure the
presence of the persons and to compel them
to produce evidence verbal or written
through affidavit or to produce the
documents/ record.
(ii) To search the record and to get
the same inspected.
(iii) To tender evidence on Oath.
(iv) To issue summons to produce
witnesses or record for inspection.
(E) The Appellate Authority shall ordinarily
dispose of Complaint! Appeal within 90 days
from the date of its receipt.
(F) The Authority shall exercise the
functions and powers being entrusted by the
Department from time to time.
11. Reading of the Rule 13 (A)(i) of the Rules, 2020
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
would go to show that the District Appellate Authority has the
power to resolve the dispute and complains pertaining to
procedure of recruitment under the Panchayati Raj Institutions
and Urban body Institutions in Govt./Nationalised Primary and
Middle School, Secondary School, Senior Secondary Schools as
per rules notified by the Govt. of Bihar from time to time.
12. Under Rule 13(A)(v) of the Rules, 2020 the
District Appellate Authority has the power to resolve disputes
pertaining to, inter alia, teachers who are aggrieved by
execution of the service condition by the Competent
Authority/Committee.
13. A conjoint reading of Rule 13(A)(i) and 13(A)(v)
of the Rules, 2020 would go to show that the District Appellate
Authority has the power to adjudicate disputes pertaining to
procedure of recruitment as well as the execution of the service
condition by the Competent Authority/Committee of the
Panchayati Raj Institutions and Urban body Institutions in
Govt./Nationalised Primary and Middle School, Secondary
School, Senior Secondary Schools as per rules notified by the
Govt. of Bihar from time to time.
14. The District Appellate Authority thus is found to
have the power and jurisdiction to resolve the disputes inter alia
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
of the teachers appointed and working under the local bodies
with regard to the procedure of the recruitment itself as well as
the execution of the service condition which encompasses any
condition attached to the service condition of such employees
including grievances regarding pay, appointment/non-
appointment, promotion, disciplinary action etc.
15. In view of the above, it is found that the
grievances raised by the petitioners in these batch of writ
petition can very well be taken care of by the concerned District
Appellate Authority in exercise of the power under Rule 13 of
the Rules 2020.
16. Thus, the petitioners are found to have an
statutory alternative remedy before the concerned District
Appellate Authority under Rules 2020.
17. In addition thereto it is significant to note Rule
13(D), 13(E), 16 and 14(C) of the Rules 2020 which reads as
under:
13 (D) The District Appellate Authority shall
have the same powers for enquiry of any
matter or hearing which has been vested in
the Civil Court under Civil Procedure Code,
1908. While adjudicating any dispute the
following powers shall be exercised:--
(i) To issue summons to ensure the
presence of the persons and to compel them
to produce evidence verbal or written
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
through affidavit or to produce the
documents/ record.
(ii) To search the record and to get
the same inspected.
(iii) To tender evidence on Oath.
(iv) To issue summons to produce
witnesses or record for inspection.
13(E) The Appellate Authority shall
ordinarily dispose of Complaint! Appeal
within 90 days from the date of its receipt.
Rule 16:. Power to impose Punishment.-In
case of non-compliance or the order/
direction or in case of any complaints by the
party for compliance of the order:--
(i) The Appellate Authority shall
impose punishment against concerned party
but he will be given adequate opportunity of
hearing before imposing punishment.
(ii) The Appellate Authority may
impose penalty upto Rs.50,000/- (Fifty
thousand only) upon the answerable party.
The amount of penalty shall be deposited in
the Treasury under the head indicated by the
Department. The amount of penalty shall be
recoverable by way of Public demand.
(iii) The Appellate Authority shall
have jurisdiction to make recommendation
to the concerned Department to initiate
Departmental proceeding or to take
necessary action against the delinquent
employee under the provisions of Bihar
Service Code/Bihar Panchayat Raj Act,
2006/ Bihar Municipal Act, 2007 and other
relevant provisions.
Rule 14(C): The Authority shall hear the
appeal against the decision of District
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
Appellate Authority.
18. Rule 13(D) provides that the District Appellate
Authority shall have the same powers for enquiry of any matter
or hearing which has been vested in the Civil Court under Civil
Procedure Code, 1908. While adjudicating any dispute, the
District Appellate Authority is empowered to exercise power to
issue summons to ensure the presence of the persons and to
compel them to produce evidence verbal or written through
affidavit or to produce the documents /record; to search the
record and to get the same inspected; to tender evidence on oath
and to issue summons to produce witnesses or record for
inspection.
19. Rule 13(E) mandates that the Appellate Authority
shall ordinarily dispose of the complaints/appeal within 90 days
from the date of its receipt.
20. Under Rule 16 the District Appellate Authority
has the power to impose punishment in case of non compliance
of the order and direction passed by it, such as the Appellate
Authority is empowered to impose punishment against the
concerned party after giving an adequate opportunity of hearing;
may impose penalty upto Rs. 50,000/- upon the answerable
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
party and it has also the jurisdiction to make recommendation to
the concerned department to initiate departmental proceeding to
take necessary action against the delinquent employee under the
provisions of Bihar Service Code/Bihar Panchayat Raj Act,
2006/ Bihar Municipal Act, 2007 and other relevant provisions.
21. Under Rule 14(C) the State Appellate Authority
constituted at the State level has the power and jurisdiction,
inter alia, to hear the appeal preferred against the decision of the
District Appellate Authority.
22. Thus, from the conjoint reading of Rule 13(A)(i),
13(A)(v), 13(D), 13(E), 14(C) and 16 of the Rules 2020, I find
that the petitioners herein who are teachers appointed and
working under the local bodies have not only a statutory
alternative remedy before the District Appellate Authority and
thereafter to the State Appellate Authority for redressal of their
grievances but they have the efficacious statutory alternative
remedy available to them before the District Appellate Authority
which Authority has been mandated to ordinarily dispose of the
complaints/appeal within 90 days from the date of its receipt
and in case of non compliance of the order or direction passed
by it, to impose punishment for such non compliance.
23. With regard to the contention raised by the learned
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
counsel appearing in CWJC No. 12838 of 2023 there is no
dispute with the proposition of law laid down by the Hon'ble
Supreme Court in the case of Popcorn Entertainment v. City
Industrial Development Corpn., (supra) by relying on the
earlier decision of the Hon'ble Supreme Court in the case of
Whirlpool Corpn. v. Registrar of Trade Marks, reported in
(1998) 8 SCC 1 that the writ petition under Article 226 of the
Constitution of India will be maintainable notwithstanding the
alternative remedy available, if the action of the Authority is
without jurisdiction; is in violation of the principles of natural
justice or is in violation of the fundamental rights granted under
Part-III of the Constitution of India.
24. It needs to be reiterated that in a case of
established violation of the fundamental rights, the writ petition
under Article 226 would undoubtedly be maintainable. But it is
not so in the instant case. The petitioners in these batch of writ
petitions, have not approached this Court for enforcement of
their established fundamental rights. The petitioners on the other
hand have filed these writ petitions to establish their right to the
salary for which they have laid their claim on.
25. The existence of alternative remedy though does
not effect the jurisdiction of the Court to issue
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
writ/direction/order under Article 226 of the Constitution of
India but ordinarily that would be a good ground in refusing to
exercise the discretion under Article 226 of the Constitution of
India. The remedy under Article 226 of the Constitution of India
being, in general, discretionary, the High Court may refuse to
grant it where there exists an alternative remedy, equally
efficient and adequate.
26. The Hon'ble Supreme Court in the case of CCE v.
Dunlop India Ltd., reported in (1985) 1 SCC 260 in paragraph
3 thereof it has been held as under:
3. In Titaghur Paper Mills Co. Ltd. v. State
of Orissa [(1983) 2 SCC 433 : 1983 SCC (Tax) 131 : 1983
Tax LR 2905 : (1983) 142 ITR 663 : (1983) 53 STC 315]
A.P. Sen, E.S. Venkataramiah and R.B. Misra, JJ. held
that where the statute itself provided the petitioners
with an efficacious alternative remedy by way of an
appeal to the Prescribed Authority, a second appeal to
the tribunal and thereafter to have the case stated to
the High Court, it was not for the High Court to
exercise its extraordinary jurisdiction under Article 226
of the Constitution ignoring as it were, the complete
statutory machinery. That it has become necessary,
even now, for us to repeat this admonition is indeed a
matter of tragic concern to us. Article 226 is not meant
to short-circuit or circumvent statutory procedures. It
is only where statutory remedies are entirely ill-suited
to meet the demands of extraordinary situations, as
for instance where the very vires of the statute is in
question or where private or public wrongs are so
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
inextricably mixed up and the prevention of public
injury and the vindication of public justice require it
that recourse may be had to Article 226 of the
Constitution. But then the Court must have good and
sufficient reason to bypass the alternative remedy
provided by statute. Surely matters involving the
revenue where statutory remedies are available are
not such matters. We can also take judicial notice of
the fact that the vast majority of the petitions under
Article 226 of the Constitution are filed solely for the
purpose of obtaining interim orders and thereafter
prolong the proceedings by one device or the other.
The practice certainly needs to be strongly
discouraged.
27. In the case of United Bank of India v. Satyawati
Tondon, reported in (2010) 8 SCC 110 the Hon'ble Supreme
Court in paragraph 43, 44 and 45 has held as under:
43. Unfortunately, the High Court
overlooked the settled law that the High Court will
ordinarily not entertain a petition under Article 226 of
the Constitution if an effective remedy is available to
the aggrieved person and that this rule applies with
greater rigour in matters involving recovery of taxes,
cess, fees, other types of public money and the dues of
banks and other financial institutions. In our view,
while dealing with the petitions involving challenge to
the action taken for recovery of the public dues, etc.
the High Court must keep in mind that the legislations
enacted by Parliament and State Legislatures for
recovery of such dues are a code unto themselves
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
inasmuch as they not only contain comprehensive
procedure for recovery of the dues but also envisage
constitution of quasi-judicial bodies for redressal of
the grievance of any aggrieved person. Therefore, in all
such cases, the High Court must insist that before
availing rIt is true that the rule of exhaustion of
alternative remedy is a rule of discretion and not one
of compulsion, but it is difficult to fathom any reason
why the High Court should entertain a petition filed
under Article 226 of the Constitution and pass interim
order ignoring the fact that the petitioner can avail
effective alternative remedy by filing application,
appeal, revision, etc. and the particular legislation
contains a detailed mechanism for redressal of his
grievance. emedy under Article 226 of the Constitution,
a person must exhaust the remedies available under
the relevant statute.
44. While expressing the aforesaid view,
we are conscious that the powers conferred upon the
High Court under Article 226 of the Constitution to
issue to any person or authority, including in
appropriate cases, any Government, directions, orders
or writs including the five prerogative writs for the
enforcement of any of the rights conferred by Part III
or for any other purpose are very wide and there is no
express limitation on exercise of that power but, at the
same time, we cannot be oblivious of the rules of self-
imposed restraint evolved by this Court, which every
High Court is bound to keep in view while exercising
power under Article 226 of the Constitution.
45. It is true that the rule of exhaustion of
alternative remedy is a rule of discretion and not one
of compulsion, but it is difficult to fathom any reason
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
why the High Court should entertain a petition filed
under Article 226 of the Constitution and pass interim
order ignoring the fact that the petitioner can avail
effective alternative remedy by filing application,
appeal, revision, etc. and the particular legislation
contains a detailed mechanism for redressal of his
grievance.
28. In the case of General Manager, Sri Siddeshwara
Cooperative Bank Ltd. v. Ikbal, reported in ( 2013) 10 SCC 83
the Hon'ble Supreme Court in paragraph 27 it has been held as
under:
27. No doubt an alternative remedy is not
an absolute bar to the exercise of extraordinary
jurisdiction under Article 226 but by now it is well
settled that where a statute provides efficacious and
adequate remedy, the High Court will do well in not
entertaining a petition under Article 226. On misplaced
considerations, statutory procedures cannot be
allowed to be circumvented.
29. For the reasons and discussions made
hereinabove, since the petitioners are found to have a statutory
alternative and efficacious remedy under the Bihar State
Teaching Institutions Teachers and Employees (Dispute Redressal
and Appeal) Rules, 2020, I am not inclined to exercise the
discretionary power vested under Article 226 of the Constitution of
India. Accordingly these batch of writ petitions shall stand disposed of
Patna High Court CWJC No.10222 of 2022 dt.13-08-2024
with liberty granted to the petitioners to approach the concerned
district authority, if so advised.
30. These writ petitions are disposed of with the above
directions.
(Nani Tagia, J)
Nishant/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.08.2024.
Transmission Date NA
