Awasiya Vidyalaya (Kalyan Vibhag) ... vs The State Of Bihar
2025 Latest Caselaw 1748 Patna

Patna High Court

Awasiya Vidyalaya (Kalyan Vibhag) ... vs The State Of Bihar on 12 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.3367 of 2021
     ======================================================
     Awasiya Vidyalaya (Kalyan Vibhag) Shikshak Sangh, Bihar, Patna through
     the Chairman, Sri Mithilesh Prasad Singh, Son of- Late Sitaram Singh,
     resident of Rambabu, Gur Kee Mandi, Gayghat, Police Station- Alamganj,
     District- Patna.
                                                                ... ... Petitioner/s
                                          Versus
1.    The State of Bihar.
2.   The Chief Secretary, Government of Bihar, Patna.
3.   The Principal Secretary, Finance, Government of Bihar, Patna.
4.   The Principal Secretary, Schedule Caste/Schedule              Tribe    Welfare
     Department, Government of Bihar, Patna.
5.    The Principal Secretary, General Administration, Government of Bihar,
      Patna.
                                                          ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Ms. Mahasweta Chatterjee, Advocate
     For the Respondent/s   :       Mr. P.K. Shahi, AG
                                    Mr. Priyadarshi Matri Sharan, AC to AAG-15
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 12-02-2025

Ms. Mahasweta Chattarjee, the learned

Advocate for the petitioner submits that with the

promulgation of the Bihar Government Ambedkar

Residential School Teacher (Appointment, Promotion,

Disciplinary Action and Service Condition) Rules of 2023,

most of the grievances of the petitioner have been

redressed.

Patna High Court CWJC No.3367 of 2021 dt.12-02-2025

2. The only remaining objection is to the Clause

5 of the amended Rules of 2023, which provides that the

Administrative Department of all categories of posts

under the cadre shall be the Scheduled Caste and

Scheduled Tribes Welfare Department, Government of

Bihar, which will exercise administrative control over all

cadre members; and the District Welfare Officers will

have operational control over cadre members.

3. Commenting upon the aforenoted clause in

the amended Rule of 2023, it is submitted that the

Headmaster and the District Welfare Officer, both, are of

the same level, drawing the same pay-scale and the

salary of the Principal is higher than the District Welfare

Officer.

4. In such case, it would look anomalous to give

the control over the cadre to such officers who would be

junior in rank and would be drawing lesser salary.

5. The administrative and operational control

ought not to be taken akin to the position of a Disciplinary Patna High Court CWJC No.3367 of 2021 dt.12-02-2025

Authority, who has perforce to be an officer of the

superior rank.

6. The administrative and operational controls

are matters of administrative convenience and the inter

se seniority of the officers of the cadre would not make

such clause in the amended rule questionable on any

account.

7. With the redressal of the grievances of the

petitioner with the amended rule, except for the one

which has been flagged in the preceding paragraph and

which is without any logic, there is nothing left for the

petitioner to contest.

8. As such, the petition is consigned and

disposed off.

                                                     (Ashutosh Kumar, ACJ)


                                                        (Partha Sarthy, J)
Anushka/Rajesh
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Uploading Date          14.02.2025
Transmission Date