Allowed

The State Project Director,Bih v. Nibha Kumari and Ors.

Patna HC15 May 2014L.P.A/506/2012

Case brief

AI extract

What is this about?

This order allows Letters Patent Appeals No. 506, 646, and 788 of 2012 preferred by the State Project Director, Bihar Education Project Council against a single Judge's order. The appeals were allowed based on a previous judgment dated 1st May 2014, resulting in the setting aside of the impugned orders and dismissal of the underlying Writ Jurisdiction Cases.

What the court decided

AI extract

The State Project Director,Bih Vs Nibha Kumari… — Pension and Retirement Benefits | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Letters Patent Appeal No.506 of 2012

¶3

¶4

Civil Writ Jurisdiction Case No. 20080 of 2011

¶5

With

¶6

Interlocutory Application No. 2603 of 2012 With

¶7

Interlocutory Application No. 2604 of 2012

¶8

And

¶9

Interlocutory Application No. 2605 of 2012

¶10

¶11

Letters Patent Appeal No. 506 of 2012

¶12

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

¶13

The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rastrabhasha Parishad Parishar, Shaidpur, Rajendra Nagar, Bihar, Patna

¶14

.... .... Appellant

¶15

Versus

¶16

Nibha Kumari D/O Shri Satyendra Narayan Singh Resident of MohallaShakti Nagar, P.O.-Tondi, P.S.-Chapra Town, District-Saran, Pin841301

¶17

…. …. Petitioner-Respondent

¶18

The State of Bihar

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The Secretary, Primary Secondary Cum Adult Education, Government of Bihar, Patna

¶20

The Director, Primary Education, Government of Bihar, Patna

¶21

The Director, Sarb Shiksha Abhiyan Saran at Chapra

¶22

The District Magistrate-Cum-Chairman, Sarb Shiksha Abhiyan, Saran at Chapra

¶23

The District Superintendent of Education/District Programme Officer

¶24

Patna High Court LPA No.506 of 2012 (4) dt.15-05-2014

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2/5

¶26

cum District Programme Coordinator Saran at Chapra

¶27

.... .... Respondents-Respondent nos. 1 to 6

¶28

====================================================== With Letters Patent Appeal No.646 of 2012 In Civil Writ Jurisdiction Case No. 20847 of 2011 With Interlocutory Application No. 3107 of 2012

¶29

¶30

Letters Patent Appeal No. 646 of 2012

¶31

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

¶32

The State Project Director, Bihar Education Project Council Shiksha Bhawan, Rastrabhasha Parishad Parishar, Shaidpur, Rajendra Nagar, Bihar, Patna

¶33

.... .... Appellant

¶34

Versus

¶35

Sumitra W/O Shri Anil Kumar Singh R/O Village- Bishunpura, P.O.Goldenganj, P.S.-Chapra Muffasil, District- Saran

¶36

…. …. Respondent-Petitioner

¶37

The State of Bihar

¶38

The Secretary Primary, Secondary Cum Adult Education, Government of Bihar, Patna

¶39

The Director, Primary Education, Government of Bihar, Patna

¶40

The Director, Sarb Shiksha Abhiyan, Saran at Chapra

¶41

The District Magistrate-Cum-Chairman, Sarb Shiksha Abhiyan, Saran at Chapra

¶42

The District Superintendent of Education/District Programme Officer Cum District Programme Coordinator Saran at Chapra

¶43

.... .... Respondents-Respondent nos. 1 to 6

¶44

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

¶45

With

¶46

Letters Patent Appeal No.788 of 2012

¶47

¶48

Civil Writ Jurisdiction Case No. 20258 of 2011

¶49

Patna High Court LPA No.506 of 2012 (4) dt.15-05-2014

¶50

3/5

¶51

With

¶52

Interlocutory Application No. 3712 of 2012

¶53

¶54

Letters Patent Appeal No. 788 of 2012

¶55

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

¶56

The State Project Director Bihar Education Project Council, Shiksha Bhawan, Rastrabhasha Parishad Parishar, Shaidpur, Rajendra Nagar, Bihar, Patna

¶57

.... .... Appellant

¶58

Versus

¶59

Priyanka Kumari D/O Vinod Kumar Tiwary R/O Mohalla- Shakti Nagar, P.O.- Tandi, P.S.- Chapra Town, District- Saran at Chapra

¶60

…. …. Respondent

¶61

The State of Bihar

¶62

The Secretary, Primary, Secondary And Adult Education, Government of Bihar, Patna

¶63

The Director, Primary Education, Government of Bihar, Patna

¶64

The District Magistrate Cum Chairman, Sarb Shik Shiksha Abhiyan, Saran at Chapra

¶65

The District Superintendent of Education, Saran at Chapra

¶66

.... .... Respondents-Respondent nos. 1 to 6

¶67

==================== Appearance:	=====	=============================
In LPA No.506 of 2012
For the Appellant	:	Mr. Girijish Kumar, Advocate
For the State Respondents	:	Mr. Raj Kumar Singh, AC to SC 8
In LPA No.646 of 2012
For the Appellant	:	Mr. Girijish Kumar, Advocate
For the State Respondents	:	Mr. Sanjay Kr No.1 SC12
In LPA No.788 of 2012
For the Appellant	:	Mr. Girijish Kumar, Advocate
For the State Respondents ====================	: =====	Mr. Amaresh Kr. Sinha, AC to GA 9 =============================

¶68

Patna High Court LPA No.506 of 2012 (4) dt.15-05-2014

¶69

4/5

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CORAM: HONOURABLE THE CHIEF JUSTICE

¶71

And

¶72

HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

¶73

ORAL ORDER

¶74

(Per: HONOURABLE THE CHIEF JUSTICE)

¶75

4 15-05-2014

¶76

Re : I.A. No. 2603 of 2012 In L.P.A. No. 506 of 2012

¶77

Delay of 56 days occurred in filing the Letters Patent Appeal is condoned.

¶78

I.A. stands disposed of.

¶79

Re : Letters Patent Appeal. Nos. 506, 646 & 788 of 2012

¶80

Though served, nobody has appeared for the respondent no. 1 in any of the Appeals.

¶81

These Appeals under clause 10 of the Letters Patent have been preferred by the State Project Director, Bihar Education Project Council with the leave of the Court to challenge the common judgment and order dated 3^rd January 2012, passed by the learned single Judge in CWJC Nos. 20080 of 2011, 20258 of 2011 and 20847 of 2011.

¶82

Under the impugned judgment and order, the appellant-the State Project Director, Bihar Education Project Council has been directed to appoint the writ petitioners as Parttime Teacher/Full-time Teacher and to allow them to join the service.

¶83

A similar order made by the learned single Judge in CWJC Nos. 2671 of 2009, 7748 of 2009 and 393 of 2012 was subject matter of challenge before us in Letters Patent Appeal Nos. 454 of 2012, 599 of 2012 and 881 of 2012 respectively. The said appeals have been allowed and the judgment and order of the learned single Judge under challenge has been set aside under our judgment and order dated 1^st May 2014.

¶84

Patna High Court LPA No.506 of 2012 (4) dt.15-05-2014

¶85

5/5

¶86

For the reasons recorded in the above referred judgment dated 1^st May 2014, these Appeals are allowed. The common judgment and order dated 3^rd January 2012 passed in CWJC Nos. 20080 of 2011, 20258 of 2011 and 20847 of 2011 are set aside. CWJC Nos. 20080 of 2011, 20258 of 2011 and 20847 of 2011 are dismissed.

¶87

Interlocutory applications stand disposed of.

¶88

(R.M. Doshit, CJ)

¶89

(Ashwani Kumar Singh, J)

¶90

Manish/-

The State Project Director,Bih v. Nibha Kumari and Ors.

Case brief

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The State Project Director,Bih v. Nibha Kumari and Ors.

Case brief

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