Disposed

Md.Shamser Alam and Ors. v. the State of Bihar and Ors.

Patna HC8 Feb 2013CWJC/3469/2011

Case brief

AI extract

What is this about?

In this writ petition, the Patna High Court disposed of a challenge against an order cancelling the appointments of several Panchayat Teachers by the District Teacher Employment Appellate Tribunal without a hearing. The court noted a prior order had already directed the Tribunal to decide the matter afresh after providing an opportunity and disposed of the current petition accordingly.

What did the court decide?

The writ application was accordingly disposed of. No specific interim relief was granted.

Md.Shamser Alam and Ors. Vs the State of Bihar… — Pension and Retirement Benefits | Patna HC (2013)

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Civil Writ Jurisdiction Case No.3469 of 2011

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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======================================================

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Md.Shamser Alam S/O Mahdul Mian Resident Of Village Baliyadih, P.S. Jhajha, Dist. Jamui.

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Kumari Sarita D/O Sudhir Kumar Singh Resident Of Village Chai, P.O. Chai, P.S. Jhajha, Dist. Jamui.

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Akshay Kumar Ambashta S/O Birendra Kumar Sinha Resident Of Village Chai, P.O. Chai, P.S. Jhajha, Dist. Jamui.

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Preeti Dube D/O Amod Kant Dube Resident Of Village Aliganj, P.O. Aliganj, P.S. Aliganj, Dist. Banka.

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Satya Prakash Sinha S/O Om Prakash Sinha Resident Village Sangrampur, P.O. Chanan,P.S. Chanan, Dist. Lakhisarai.

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Raushan Khatun D/O Md. Sirajuddin Resident Of Village Tetariya, P.S. Rahmandih, Dist. Banka.

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Reeta Kumari D/O Nawal Kishore Prasad Resident Of Village Jeet Jhingoi, P.S. Khaira, Dist. Jamui.

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through District Superintendent Of Education, Jamui.

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District Superintendent Of Education, Jamui.

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District Teacher Employment (Niyozan) Appellate Tribunal Jamui, Through Its Chairman.

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Chairman, District Teacher Employment (Niyozan) Appellate Tribunal Jamui.

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Block Development Officer, Jhajha.

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Mukhiya, Gram Panchayat Raj Chai, P.S. Jhajha, Dist. Jamui.

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Panchayat Secretary (Employment Officer), Gram Panchayat Raj Chai, P.S. Jhajha, Dist. Jamui.

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In Charge Head Master, Middle School, Chai, Jhajha, Jamui.

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Aasha Kumari, D/O Alok Kumnar, R/O Kalashi Mohalla,P.O. AND p.s.- Jhajha, District- Jamui.

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Makeshwar Yadav, s/o Shiv Narayan Yadav, R/O Amar5i, P.S.-Khaira, District- Jamui.

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Rajesh Suman @ Rajesh Kumar Suman, S/O/Late Bhajirath Prasad Sinha, R/O Maheshpur, Maananpur, P.S. Chanan, District- Lakhisarai

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Vikash Kumar, S/O Late Krishna Mohan, R/O Babu Bank, P.S.- Jhajha, District- Jamui.

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Patna High Court CWJC No.3469 of 2011 (4) dt.08-02-2013

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2 / 3

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Nileema Kumari, .

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Sheela Devi

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Respondent/s : Mr. Kameshwar Pd. Gupta Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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4 08-02-2013

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Heard learned counsel for the petitioners and learned counsel for the respondents.

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The petitioners were earlier appointed to the post of Panchayat Teacher at Nav Srijit Primary School Rabidas Tola, Chai, under Jhajha Block of Jamui District, Jamui. They have challenged the order dated 23.12.2010 contained in Memo No. 916/Jamui, passed by the learned members of District Teacher Employment Appellate Tribunal whereby their appointments have been cancelled without providing an opportunity of hearing.

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Learned counsel submits that by the impugned order dated 23.12.2010, the Tribunal jointly disposed of following cases namely, Case nos. 173/2010, 175/2010, 176/2010, 262/2010. 264/2010 and 334 of 2010.

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It appears that by the same common order the Tribunal cancelled the appointment of other Panchayat Teachers without providing an opportunity of hearing. This Court vide order dated 17.8.2012 in CWJC. No. 13992 of 2012 directed the

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Patna High Court CWJC No.3469 of 2011 (4) dt.08-02-2013

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3 / 3

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Tribunal to consider the matter after providing an opportunity. The Tribunal would decide the matter afresh after providing an

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opportunity. The petitioner may pray for any interim relief.

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The writ application is accordingly disposed of.

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(Samarendra Pratap Singh, J)

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Sudha/-

Md.Shamser Alam and Ors. v. the State of Bihar and Ors.

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Md.Shamser Alam and Ors. v. the State of Bihar and Ors.

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