This short order dismisses a writ appeal challenging the reinstatement of a teacher, held as the petitioner. Thedisposed of on the respondent's undertaking not to dispute the petitioner's claimed seniority. The writ application stands disposed.
None; the writ application was disposed of on the undertaking given by respondent no. 7.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1515 of 2011 ====================================================== |
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1. Deepak Kumar Ram Lt. Bishundeo Ram Kamathan, P.O. Echarna, P.S. Allouli, Distt. Khagaria |
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| .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Khagaria 3. The District Superintendent Of Education, Khagaria 4. The Block Education Extension Officer, Khagaria 5. The Mukhiya Gram Panchayat Raj, Amba Echarua 6. The Head M Aster, Utkramit Middle School Kamathan, Amba Echarua, Block Allouli, Distt. Khagaria 7. Shrawan Kumar Ram Prakash Ram Panchayat Teacher Presently Utkramit Middle School Kamathan, Amba Echarua, Block Allouli , Distt. Khagaria .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER |
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-06-2012 Heard learned counsel for the petitioner, the |
| State and for respondent no. 7. | |
| The petitioner is aggrieved by the order dated | |
| 15.5.2010 passed by the District Teachers Appointment | |
| Appellate Tribunal, Khagaria in Appeal Case No. 22-01 of 2010. The impugned order reinstates respondent no. 7 in service with effect from 1.7.2006. The petitioner had assailed the order aggrieved that it would amount to declaring respondent no. 7 senior to him. |
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| Counter affidavit has also been filed on behalf of respondent no. 7. |
Patna High Court CWJC No.1515 of 2011 (4) dt.25-06-2012
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The Court need not consider any further submissions on behalf of the parties as counsel for respondent no. 7 during submissions takes an unequivocal stand on instructions that he does not dispute the seniority of the petitioner over him as Panchayat Teacher.
The writ application is therefore disposed in terms of the undertaking on behalf of respondent no. 7 acknowledging the seniority of the petitioner over him.
The writ application stands disposed.
P. Kumar/-
(Navin Sinha, J)
2 issues framed by the court
Whether the applicant's seniority as a teacher is compromised by the reinstatement of the respondent in the same post.
Whether the challenge to the order of appointment is maintainable in light of the reinstatation being conditional.
Deepak Kumar Ram
The State Of Bihar
Shrawan Kumar Ram
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
