Allowed

Kaushal Kishore Singh v. The State Of Bihar and Ors.

Patna HC7 Feb 2013CWJC/1650/2013

Case brief

AI extract

What is this about?

The Patna High Court quashed an order cancelling the petitioner's appointment as a school clerk on the ground of being underage at initial appointment. The court held that since the petitioner was a major when the school was taken over by the government, the cancellation was unsustainable, allowing him to continue in service.

What did the court decide?

The impugned order dated 6.9.2010 is quashed. The petitioner shall continue to work as Clerk in the school treating the date of appointment as 4.1.1984.

Kaushal Kishore Singh Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1650 of 2013

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====================================================== Kaushal Kishore Singh S/O Late Narendra Narayan Singh R/O VillFatehpur, P.S.-Raghopur, Distt-Vaishali .... .... Petitioner Versus

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The State Of Bihar

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The Principal Secretary,(Secondary Education), Human Resources Development Department, New Secretariat, Vikas Bhawan, Patna 3. The Director, (Secondary Education) Human Resources Development Department, Bihar Secondary Education Office, Budh Marg, Patna

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The Deputy Director,(Secondary Education), Bihar, Patna 5. The Regional Deputy Director Of Education, Tirhut Division, Muzaffarpur

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The District Education Officer, East Champaran .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Prabhakar Tekriwal GA1

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====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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3 07-02-2013 Heard Mr Ajay Kumar Sharma, learned counsel for the petitioner and Mr Prabhakar Tekriwal, learned GA-1 for the State.

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The petitioner prays for quashing order issued vide Memo no. 452(P), Patna dated 6.9.2010, Annexure 2 by the Director, Secondary Education, Bihar by which his appointment has been cancelled on the ground of being under age on the date of appointment. He has further prayed for restoring his appointment as per enquiry report of the Three Men Enquiry Committee (in short the Committee) and to allow him to function as Clerk in the school treating the date of appointment as 4.1.1984.

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The petitioner was appointed as clerk in Smt Janti

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Patna High Court CWJC No.1650 of 2013 (3) dt.07-02-2013

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Devi Kanyua Uchhya Vidalaya, Madhopur in the district of East Champaran, which was then governed by the private Managing Committee. The petitioner states that the convener of the school issued him appointment letter on 22.12.1983, pursuant to which he joined the school on 4.1.1984. A copy of the appointment letter is contained in annexure 1. Subsequently, in view of State legislation, petitioner’s school was selected as project school under the Project Scheme and known as Smt Janki Devi Kanya Uchhya Vidyalaya, Madhopur, East Champaran in the year 1989. The petitioner states that a lot of dispute arose vis-a-viz taking over the school under project scheme as well as the matter of taking over the school and absorption of teachers therein travelled up to the Hon'ble Apex court. Pursuant to the direction of the Hon'ble Apex court, a Three Men Committee was constituted by the government to look into such issues. The Committee disapproved regularization of the petitioner on the ground that he was under age at the time of initial appointment. The petitioner filed representation before the Director, Secondary Education, Bihar which was refused by order dated 6.9.2010 as contained in Annexure 2 which is impugned in this writ petition.

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The petitioner states that he may be under age at the time of initial appointment but at the time of taking over of the school by the government in the year 1989, he was a major. The

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Patna High Court CWJC No.1650 of 2013 (3) dt.07-02-2013

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petitioner further submits that he has put in by now 29 years of service in the school. The petitioner submits that in similar circumstances one Sunita Kumari moved this Court in C.W.J.C.No. 18440 of 2010 who too was appointed as clerk in one of the taken over project schools, was found under age at the time of initial appointment. However she was major at the time of taking over the school in the year 1989. This court vide order dated 20.5.2011 allowed the writ petition. State Government filed LPANo.1638 of 2011 which was dismissed by the Division bench vide order dated 1.12.2011 upholding the view of the learned Single judge.

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I find that the case of the petitioner is fully covered by order of the learned single judge dated 20.5.2011. In the case in hand, the petitioner was admittedly a major on the date of taking over the school. In the result, the impugned order of the Director, Secondary Education, Bihar dated 6.9.2010 is quashed and the writ petition is allowed. The petitioner would continue to work in the capacity of Clerk in the said institution as nonteaching staff.

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Shashi.

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(Samarendra Pratap Singh, J)

Kaushal Kishore Singh v. The State Of Bihar and Ors.

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Kaushal Kishore Singh v. The State Of Bihar and Ors.

Case brief

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