Citation : 2025 Latest Caselaw 1106 Patna
Judgement Date : 4 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16967 of 2021
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Ravi Ranjan son of Rajendra Prasad resident of Village Fareba Vasa, Beldaur,
P.S. Beldaur, District Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The District Magistrate, Saharsa
3. The District Programme Officer (Establishment) Saharsa
4. The Block Education Officer, Saur Bazar, District Saharsa
5. The Principal, Teacher Training College (D.I.E.T), Madhepura.
6. The Principal, New Primary School, Shrawan Tola, Chandaur East, Saur
Bazar, District Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Respondent/s : Mr. Amit Bhushan, AC to GP 17
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 04-08-2025
Heard Mr. Binay Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Amit Bhushan, learned AC
to GP 17 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
"(I) For issuance of an appropriate writ,
order or direction commanding the respondent
authorities to permit him to join and discharge his
duty at primary school, Shrawan Tola, Chandaur
East, Saur Bazar, District, Saharsa.
(ii) For issuance of an appropriate writ,
order or direction restraining the respondent
authorities from interfering in his lawful service.
(iii) For issuance of an appropriate writ,
order or direction to comply the order dated
Patna High Court CWJC No.16967 of 2021 dt.04-08-2025
2/5
28.01.2019
in Appeal No.1/19 passed by the learned District Appellate Authority, Saharsa by providing him opportunity of hearing and producing his certificates of qualification.
(iv) For issuance of an appropriate writ, order or direction to the respondent authorities to pay the arrears as well as current salary to the petitioner since the date he has been stopped from attaining the school and non-payment of his salary.
(v) For issuance of an appropriate writ, order or direction for grant of any other relief or reliefs, which may deem fit and proper in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner informs that the writ petition was filed during the
pandemic period and as such the petitioner could not file his
representation in compliance of the order dated 28.01.2019
passed by the District Appellate Authority, Saharsa in Appeal
No. 1 of 2019 before the District Programme Officer
(Establishment), Saharsha.
4. A counter affidavit has been filed on behalf of the
respondent no.3 and from the same, it would appear that against
the order dated 28.01.2019 passed by the District Appellate
Authority, the State has not chosen to prefer any appeal before
the State Appellate Authority.
5. Per contra, Mr. Amit Bhushan, learned counsel
appearing on behalf of the State submitted that the petitioner
has himself caused much delay in not complying with the
direction as has been given by the District Appellate Authority. Patna High Court CWJC No.16967 of 2021 dt.04-08-2025
He further submitted that if the petitioner approaches the
District Programme Officer (Establishment), his grievance will
be redressed in accordance with law.
6. Having considered the rival submissions made on
behalf of the parties, I find that the petitioner being aggrieved by
the order passed by the District Programme Officer
(Establishment) contained in memo no.1665-3 dated
20.10.2018, preferred appeal before the District Appellate
Authority, Saharsa. The District Appellate Authority after giving
opportunity of hearing to respective parties had directed the
petitioner to produce his all testimonials before the District
Programme Officer (Establishment), Saharsha. Specific
statement has been made in the counter affidavit that the
petitioner was appointed vide Memo No. 5 dated 04.05.2015
issued by the Member Secretary-cum-Panchayat Secretary and
the petitioner had joined on 01.06.2015 as Panchayat teacher of
the Punnet Lal Yadav Primary School, Shrawan Tola, Chandaur
East Saur Bazar, District Saharsa, Bihar. In between vide order
passed in CWJC No.15449 of 2014, this Court had directed for
examination of the certificate in respect of the educational
qualification of all the Niyojit teachers appointed within the
said period. The petitioner had not furnished the certificate and Patna High Court CWJC No.16967 of 2021 dt.04-08-2025
the petitioner's service was terminated. The District Appellate
Authority having found that no opportunity was granted to the
petitioner, the petitioner was given another opportunity vide
order dated 28.01.2019 for submission of the certificate. The
petitioner on his own has not furnished the original certificate
for verification in respect of his appointment in support of the
genuinity of the certificate which he has furnished at the time of
appointment as a Panchayat Teacher vide memo no.5 dated
04.05.2015. This Court can only observe that the petitioner has
remained indolent by not abiding by the order passed by the
District Appellate Authority. In the meantime, the entire globe
suffered from Covid 19 pandemic.
7. In such circumstances, the petitioner, if so desire,
may approach before the District Programme Officer
(Establishment), Saharsa and produce all the testimonials for
verification. In want of any information, whether the petitioner
is working till date or not, the said fact is required to be verified
by the District Programme Officer (Establishment). If the
documents / testimonials of the petitioner are found to be
genuine, the petitioner is entitled for the relief as prayed for in
the present writ petition.
8. The writ petition is, accordingly, disposed of. Patna High Court CWJC No.16967 of 2021 dt.04-08-2025
9. There shall be no order as to cost.
(Purnendu Singh, J) Sanjay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2025 Transmission Date NA
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