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Ravi Ranjan vs The State Of Bihar
2025 Latest Caselaw 1106 Patna

Citation : 2025 Latest Caselaw 1106 Patna
Judgement Date : 4 August, 2025

Patna High Court

Ravi Ranjan vs The State Of Bihar on 4 August, 2025

Author: Purnendu Singh
Bench: Purnendu Singh
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16967 of 2021
     ======================================================
     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
     ======================================================
     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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