Allowed

Ajay Kumar Singh v. the State of Bihar and Ors.

Patna HC12 Feb 2013CWJC/11553/2011

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What is this about?

The Patna High Court allowed a writ petition seeking reinstatement as a Panchayat teacher. The court directed that if any post remains vacant under the Gram Panchayat Nima Anjan, the petitioner shall have the first claim for reinstatement, distinguishing the clubbing of vacancies from a total absence of posts.

What did the court decide?

First claim for reinstatement if any post is vacant under the Gram Panchayat Nima Anjan.

Ajay Kumar Singh Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11553 of 2011

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====================================================== Ajay Kumar Singh S/O Ram Pravesh Singh R/O Village.-Sonebarsha, P.S.-Madanpur, Distt.-Aurangabad .. .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, H.R.D. Department, Govt. Of Bihar Patna 3. The Director, Primary Education, H.R.D. Department, Bihar Patna 4. The District Magistrate, Aurangabad 5. The District Education Officer, Aurangabad 6. The District Superintendent Of Education Aurangabad 7. The Sitrict Teacher Employment Appellate Authority Aurangabad 8. Mukhiya Neema Anjan Gram Panchayat, Madanpur Bolck, Aurangabad 9. Panchayat Secretary, Neema Anjan Gram Panchayat, Madanpur Aurangabad

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Block Development Officer, Madanpur 11. Nawlesh Kumar s/o Prasidh Singh, resident of village Anjan Post office Nima Anjan Police station Madanpur, district Aurangabad.

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. B.K.Singh & Leelawati Kumari For the Respondent/s : Mr. Anjani Kr Sharan Sc9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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4 12-02-2013 Heard learned counsel for the petitioner, the State as well as respondent no.9.

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The petitioner was appointed as a Panchayat teacher under Gram Panchayat Nima Anjan, Police station Madanpur, district Aurangabad. In the year 2007, the Block Development Officer cancelled the appointment of the petitioner, one Navlesh Kumar(respondent no.9) and others. Both the petitioner and Navlesh Kumar moved this court in C.W.J.C.No. 14723/2007 & 17851/2009 which were disposed of on 6.2.2009

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Patna High Court CWJC No.11553 of 2011 (4) dt.12-02-201

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& 19.4.2010 with liberty to the writ petitioners to move the District Teachers Employment Appellate Authority (in short the Appellate authority). The appellate authority found the appointment of both the petitioner as well as respondent no.9 valid. Nonetheless, the Appellate authority did not direct for reinstatement as 2006 vacancies have been clubbed with 2008 vacancies. The petitioner submits that Appellate authority in similar circumstances directed for reinstatement of respondent no.9 vide Memo no. 463 dated 12.6.2010. The petitioner further submits that in case the termination is found bad, the applicant has to be reinstated. Learned counsel submits that though the vacancies of 2006 has been clubbed with 2008 vacancies still vacancy exists in the said Gram Panchayat. In support of his submission, the petitioner has drawn my attention to order dated 28.6.2012, passed in C.W.J.C.No. 10859 of 2012 (Md.Warish Khan Vs. State of Bihar and others). The Appellate authority did not direct for his reinstatement, though it found the selection to be valid on similar ground that 2006 vacancies have been clubbed with 2008 vacancies. In my view, in case any post is vacant under Gram Panchayat Nima Anjan, Police station Madanpur, district Aurangabad, the petitioner would have the first claim for reinstatement.

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Patna High Court CWJC No.11553 of 2011 (4) dt.12-02-201

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With the aforesaid directions, this writ petition is

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allowed to the extent mentioned above.

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Shashi.

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(Samarendra Pratap Singh, J)

Ajay Kumar Singh v. the State of Bihar and Ors.

Case brief

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Ajay Kumar Singh v. the State of Bihar and Ors.

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