Patna High Court
The State Of Bihar And Ors vs Jagannath Jha on 13 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.346 of 2019
In
Civil Writ Jurisdiction Case No.22864 of 2012
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1. The State Of Bihar through the Principal Secretary, Human Resources
Development Department, Government of Bihar, Patna.
2. The Director Secondary Education, Human Resources Development
Department, Govt. of Bihar, Patna.
3. The Regional Deputy Director of Education, Purnea Division, Purnea.
4. The District Education Officer, Kishanganj.
... ... Appellant/s
Versus
Jagannath Jha S/o Late Raghunath Jha, R/o Villagle- Daulatpur, P.S.- Palasi,
District- Araria, at present Assistant Teacher In Project Girls High School-
Ghanipulsara, P.S.- Terhagachh, District- Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.S.S. Tiwary ( AC to AAG 15 )
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 13-05-2025
Heard I.A. No. 01 of 2024 for condonation of delay.
There is a delay of about 129 days in filing L.P.A. No. 346 of
2019.
2. For the reasons stated in the application read with
the affidavit, delay of about 129 days in filing L.P.A. No. 346 of
2019, stands condoned.
Patna High Court L.P.A No.346 of 2019 dt.13-05-2025
3. Accordingly, I.A. No. 01 of 2024 stands allowed.
4. Learned counsel for the appellant State submitted
that the respondent teacher is not entitled to have the benefit of
arrears in five installment or lump sum to such of those retired
teachers under resolution dated 05.03.2018, only on the score
that they do not possess qualification of a trained teacher and
they have only graduation degree. To that effect, he has not
apprised from the pleadings to the extent that respondent
Jagannath Jha, Krishna Chandra Mishra, Rudal Prasad Singh,
Kishor Kumar Mishra, Anant Kumar Jha and Chandra Kant
Mani are possessing particular qualification and they do not
possess graduation trained. In the absence of such pleadings,
learned counsel for the appellant State is addressing on this
issue that the learned Single Judge has committed error and so
also no opportunity has been provided in the writ proceeding
and at the admission stage itself and without permitting the
appellants to file counter affidavit proceeded to decide CWJC
No. 22864 of 2012 and connected matters.
5. Assuming that the learned Single Judge has
committed error in not providing opportunity of filing counter
affidavit, at the same time learned counsel for the appellant
Patna High Court L.P.A No.346 of 2019 dt.13-05-2025
State has not pleaded in its LPA in anyone of the para to the
extent that the contesting respondent is not possessing certain
qualification and he is required to fulfill trained graduate
qualification. In the absence of such pleadings, the appellants
have not made out a case.
6. Accordingly, LPA stands dismissed.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2025
Transmission Date NA
