Patna High Court
Narendra Prasad Mandal vs The State Of Bihar on 3 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14992 of 2024
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Narendra Prasad Mandal, Male, aged about 47 years, son of Late Ramdev
Prasad Mandal, Resident of village - Ghasitari, P.O.- Telwa Bazar, P.S.-
Simultalla, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the 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, Education Department, Government of
Bihar, Patna.
4. The Presiding Officer, District Teachers Appellate Authority, Jamui, District
- Jamui.
5. The District Magistrate, Jamui, District- Jamui.
6. The Regional Deputy Director of Education, Munger Division, Munger,
District - Munger.
7. The District Programme Officer (Establishment) (Education), Jamui, District
- Jamui.
8. The Block Development Officer Cum Member Secretary, Block Teacher
Employment Committee, Jhajha, Block- Jhajha, District- Jamui.
9. The Block Panchayat Raj Officer, Jhajha, Block - Jhajha, District- Jamui.
10. The Block Education Officer, Block- Jhajha, District- Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Advocate General
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 03-10-2024
Heard learned counsel for the parties.
2. The petitioner has filed this writ petition
challenging the Memo No. 8, dated 05.01.2024, issued by
the Block Panchayat Raj Officer, Jhajha, District - Jamui,
Patna High Court CWJC No.14992 of 2024 dt.03-10-2024
whereby the petitioner's employment as Block Teacher has
been cancelled.
3. The petitioner by filing an appeal had
approached the Regional Deputy Director of Education,
Munger Division, Munger challenging the aforesaid
impugned order and the Regional Deputy Director of
Education, Munger Division, Munger, in terms of the Bihar
School Exclusive Teachers Rules, 2023, vide Letter No. 479
dated 09.07.2024 had transferred the appeal preferred by the
petitioner to the District Appellate Authority, Jamui. The
District Appellate Authority, Jamui, however, has returned
the appeal preferred by the petitioner to the Regional
Deputy Director of Education, Munger Division, Munger
on 31.07.2024.
4. Learned counsel for the petitioner has submitted
that the provision of the Bihar School Exclusive Teachers
Rules, 2023, which provided the Block/Panchayat Teachers
to approach the Appellate Authority (Regional Deputy
Director of Education of the concerned Division) has been
struck down by this Court.
5. Be that as it may, it has been submitted by the
Patna High Court CWJC No.14992 of 2024 dt.03-10-2024
learned counsel appearing for the parties that it is admitted
legal position that under Bihar State Teaching Institutions
Teachers and Employees (Disputes Redressal and Appeal)
Rules, 2020, the District Appellate Authority has been
vested with the power and jurisdiction to resolve the
disputes pertaining to recruitment and conditions of service
of the Block/Panchayat Teachers.
6. Under the circumstances, this writ petition is
disposed off with a liberty to the petitioner to approach the
concerned District Appellate Authority for redressal of the
grievances raised in this writ petition.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 05.10.2024
Transmission Date N/A
