The court directed respondents to reinstate the petitioner as a Panchayat Teacher and release her withheld emoluments following a finding of wrongful termination by a lower tribunal.
Reinstatement within six weeks and release of salary.
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.15379 of 2012
====================================================== Bibha Kumari D/O Sri Shambhu Prasad Yadav Resident Of MohallaLaliyahi, Ward No. 3, Katihar, P.S- Sahayak Mirchaibari, District- Katihar.
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Human Resources Department, Government Of Bihar, Patna. 2. The Director Primary Education, Bihar, Patna. 3. The District Education Officer, Katihar. 4. The Programme Officer, Katihar. 5. The Block Education Officer, Pranpur, District- Katihar. 6. The Mukhiya Gram Panchayat Raj Bastaul, Pranpur, District- Katihar 7. The Panchayat Secretary, Gram Panchayat Raj Bastaul Pranpur, DistrictKatihar.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr. P.N. Sahi Aag14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 05-02-2013 Heard learned counsel for the parties. The petitioner was appointed as Panchayat Teacher under Gram Panchayat Raj, Bastoul, Block Pranpur, district Katihar.
She challenged her termination before the Tribunal being Appeal no. 924 of 2009. The Tribunal allowed her application vide order dated 11.5.2009 and directed for her reinstatement. In spite of order of reinstatement petitioner’s joining was not accepted. The petitioner moved this court in C.W.J.C.No. 1502 of 2010 which was disposed of on 26.4.2011
Patna High Court CWJC No.15379 of 2012 (4) dt.05-02-201
2/2
with following directions:-
“This writ application is disposed of with a clear direction to the Mukhia and Panchayat Secretary (respondent nos. 8 and 9) that they will reinstate the petitioner forthwith within a period of six weeks, failure to do so may entail suitable action against them not only in contempt application by this Court but the petitioner will be also at liberty to file a copy of this order with an application to the District Magistrate, Katihar who is also given freedom to take appropriate action against the Mukhia including Panchayat Secretary concerned because Panchayat Secrtary after all is a government servant and has an obligation to implement the decision of the superiors.”
The Court has already held in the aforesaid order that holding of the vocational course Intermediate degree by the petitioner is also eligible for appointment.
The petitioner states that though the respondents have accepted her joining, they have not released her emoluments.
In my view, the petitioner would be entitled for her remuneration/emoluments as she has been wrongly terminated from service. Respondent nos. 3 to 7 will take steps for release of salary in favour of the petitioner, as her termination was found wrong by the Appellate authority.
With the aforesaid direction, the writ petition is disposed of.
Shashi.
(Samarendra Pratap Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to reinstatement and salary after finding of wrongful termination.
Bibha Kumari D/O Sri Shambhu Prasad Yadav
The State Of Bihar Through The Principal Secretary, Human Resources Department, Government Of Bihar
The Director Primary Education, Bihar
The District Education Officer, Katihar
The Programme Officer, Katihar
The Block Education Officer, Pranpur
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
