Single Judge dismissed writ petitions challenging the exclusion of Upshastri-qualified persons from Panchayat Teacher appointments, relying on Division Bench precedents, while ordering salary payment for actual service tenure.
Salary awarded for the period during which petitioners actually discharged duties of Panchayat Teacher.
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.891 of 2012
====================================================== 1. Gita Kumari Wife Of Sanjay Pd. Resident Of Village-Koli, P.S. Ramgarh-Chowk, District-Lakhisarai .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary, Department Of Human Resources, Govt. Of Bihar, Patna
.... .... Petitioner/s
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.13501 of 2012
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.15353 of 2012
.... .... Petitioner/s
Versus
Patna High Court CWJC No.891 of 2012 (8) dt.12-12-2012
2
.... .... Respondent/s
====================================================== Appearance : (In CWJC No.891 of 2012) For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Avnish Nandan Sinha Gp11 (In CWJC No.13501 of 2012) For the Petitioner/s : Mr. Prithivi Raj Singh For the Respondent/s : Mr. M. D. Dwivedi Sc23 (In CWJC No.15353 of 2012) For the Petitioner/s : Mr. Kamal Kishore Singh For the Respondent/s : Mr. Subhash Pd. Singh Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
8 12-12-2012 Heard the learned Counsel for the petitioners and the State.
The common question involved in this batch of writ applications relates to the appointment as Panchayat Teacher of persons holding Upshastri qualification.
The question first fell for consideration by a Division Bench reported in 2009 (2) PLJR 213 (Parwej Alam v. State of Bihar) in which the claim was negatived. Subsequently another Division Bench in 2011 (3) PLJR 334 (Pratibha Kumari v. State of Bihar) relying upon Parwej Alam (supra) likewise negatived the claim. A decision by this Bench in CWJC Nos. 18011 of 2012 & 18014 of 2012 disposed on 28.9.2012 has also negatived such claim.
Judicial propriety dictates that sitting single this Court refrains from
Patna High Court CWJC No.891 of 2012 (8) dt.12-12-2012
3
the temptation of argumentative novelty.
In so far as the claim for salary with regard to the period that they may have actually discharged duties the Court is satisfied to order in terms of paragraph 35 of 2010 (4) PLJR 318 (State of Bihar V Mamta Kumari).
The writ applications are dismissed.
(Navin Sinha, J)
Snkumar/-
2 issues framed by the court
Whether persons holding Upshastri qualification can be appointed as Panchayat Teachers.
Whether salary should be awarded for the period duties were actually discharged.
Colour shows how this judgement treated each authority
Parwej Alam v. State of BiharDistinguished¶40
2009 (2) PLJR 213 (Parwej Alam v. State of Bihar)
Pratibha Kumari v. State of BiharFollowed¶40
2011 (3) PLJR 334 (Pratibha Kumari v. State of Bihar)
unspecified State of Bihar benchDistinguished¶40
CWJC Nos. 18011 of 2012 & 18014 of 2012 on 28.9.2012
State of Bihar V Mamta KumariApplied¶45
2010 (4) PLJR 318 (State of Bihar V Mamta Kumari)
Gita Kumari
Sanjay Kumar Das
Kumari Anuradha
Mihir Kumar Mishra
State Of Bihar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
