Dismissed

Ramjee Mishra and Ors. v. The State Of Bihar and Ors.

Patna HC2 May 2014CWJC/3937/2013

Case brief

AI extract

What is this about?

Writ petition by teachers seeking promotion relaxation under State Rules. Court held statutory appeal remedy under Rule 18 was available and writ dismissed as ill-advised. Petitioners given two months to seek appellate relief.

What did the court decide?

Writ application dismissed. Petitioners allowed two months to approach the appellate authority, where it shall be decided on merit without delay bars.

Ramjee Mishra and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3937 of 2013

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Ramjee Mishra, S/O Bhikhar Mishra, R/O Village- Harnahi, Police Station- Baruraj, District- Muzaffarpur, at present posted and working as an Assistant Teacher in Govt. Middle School- Haripur Krishna Sakra, Anchal Sakra, District- Muzaffarpur

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Mani Bhushan Prasad Sinha, S/O Late Raj Nandan Prasad Sinha, R/O Village- Raghunathpur, Police Station- Maniyari, District- Muzaffarpur, at present posted and working as In-Charge Head Teacher in Govt. Upgraded Middle SchoolBarhatta Gangaram, AnchalBochaha, DistrictMuzaffarpur

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Vimal Kishore S/O Shri Durga Prasad Sharma R/O Village- Narma, Police Station- Hathauri, District- Muzaffarpur, at present posted and working as In-Charge Teacher In Govt. Upgraded Middle School- Semari Basant, Anchal Bochaha, District- Muzaffarpur

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Umesh Kumar, S/O Late Shiv Prasad Chaudhary, R/O Village- Jamin Kamtaul, P.O.- Anant Kamtaul, Police Station- Kurhani, DistrictMuzaffarpur, at Present R/O Villge- Majhaulia, P.O.- Khabra, Police Station- Sadar, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Susta, Anchal Musahari, District- Muzaffarpur

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Indira Kumari, W/O Prabhat Kiran R/O Village- Thakur Bhawan Chaturbhuj Thakur Marg, Gannipur, Police Station- Kaji Mohammadpur, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Susta, Anchal- Musahari, District- Muzaffarpur

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Abinash Chandra Sinha, S/O Late Baidyanath Prasad Sinha R/O Mohalla- Partotola, Ward No. 21, P.O. Main Post Office, Police StationTown, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Marwari Middle School- Purani Bazar Nagar Khetra, Anchal- Musahari, District- Muzaffarpur

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Sonelal Pswan S/O Basudeo Paswan R/O Village- Basauli Nanhkar, Police Station- Bochahan, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School, Basauli Himmat Singh, Anchal Bochaha, District- Muzaffarpur

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Patna High Court CWJC No.3937 of 2013 (2) dt.02-05-2014

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Hanuman Rajak, S/O Late Jhameli Rajak R/O Village- Mahpur, Police Station- Bochahan, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Middle School- Katan, Anchal- Bochaaha, District- Muzaffarpur

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Shiv Shankar Ray, S/O Late Roopdeo Ray, R/O Village- Bhusahi, Police Station- Bochahan, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Shivrahan Basudeo, Anchal Bochaha, District- Muzaffarpur

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Krishna Mohan Kumar S/O Late Jainandan Singh R/O Village- Narma, Police Station- Hathauri, District- Muzaffarpur, at present posted and working as In-Charge Head Teacher In Govt. Upgraded Middle SchoolThikhi, Anchal Bochaha, District- Muzaffarpur

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Shambhu Prasad Singh, S/O Late Ram Bharosh Singh, R/O VillagePokhraira, P.O.- Gidha (Pokhraira), Police Station- Saraiya, DistrictMuzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Rautaniya, Anchal Bharwan, DistrictMuzaffarpur

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Arbind Kumar Singh, S/O Late Ram Balihari Singh R/O VillageChapra Dharmapur Tand (Kalwari), Police Station- Kanti, DistrictMuzaffarpur, at present posted and working as an Assistant Teacher In Govt. Adarsh Middle School- Nariyar, Anchal Motipur, DistrictMuzaffarpur

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Ambika Bhakta S/O Ram Lagan Bhakta R/O Village- Muzammatpur, Police Station- Paroo, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Middle School-Basantpur, Anchal- Paroo, District- Muzaffarpur

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Md. Halimuddin S/O Md. Salim R/O Village- Japharpur, Police StationParoo, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Bhojpatti, Anchal Paroo, District- Muzaffarpur

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Kaushal Kumar S/O Late J.K. Vidyarthi R/O Village-Muhasobatpur, Police Station- Deoria Kothi, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Muza, Anchal Paroo, District- Muzaffarpur

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Mandwi Kumari W/O Arun Kumar R/O Village- Jagdishpur

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Patna High Court CWJC No.3937 of 2013 (2) dt.02-05-2014

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Baghnagari, Police Station- Sakara, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle SchoolBharthipur, Anchal Sakara-1, District- Muzaffrapur

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Mamta Meghna W/O Shri Virendra Mohan Sinha R/O Adarsh Colony, Kalambag Road, Police Station- Kaji Mohammadpur, Ditrict- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Makdumpur Kodaariya, Anchal Marwan, DistrictMuzaffarpur

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Sheonath Paswan S/O Wazir Paswna R/O Village- Bhagwanpur Sharmsini Nagar, Police Staation- Sadar, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Gawasara Mushahar, Anchal Marwan, District- Muzaffarpur 19. Upendra Paswan S/O Late Lila Paswan R/O Village- Barkagaon, Police Station-Karja, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Middle School- Barkagaon, Anchal- Marwan, District- Muzaffarpur

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Bindeshwar Paswan S/O Late Devan Paswan R/O Village- Gopinathpur Dara, Police Station- Saraiya, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle SchoolChakmal Urdu, Anchal- Saraiya, District- Muzaffarpur

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Shatrughan Ram S/O Ram Bilas Ram R/O Village- Simari, Police Station- Sakara, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Gaurihar Man, Anchal- Sakara, District- Muzaffarpur

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Ashok Kumar S/O Late Shiv Narayan Mahto R/O Village & P.O.- Itaha, Police Station- Sakara, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Middle School- Dholi, Anchal- Muraul, District- Muzaffarpur

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Harendra Kumar S/O Ram Bilas Ram R/O Village- Mithanpura, Banker'S Colony, Police Station- Mithanpura, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Nemopur, Anchal- Muraul, District- Muzaffarpur 24. Mahesh Chaudhary S/O Late Hardeo Chaudhary, R/O Village & P.O.Chaumkh, Police Station- Bochahan, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle

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Patna High Court CWJC No.3937 of 2013 (2) dt.02-05-2014

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School- Hanuman Nagar, Anchal- Bochaha, District- Muzaffarpur

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Prem Kumar Singh, S/O Late Mahendra Singh R/O Village & P.O.Kalyanpur, Police Station- Paroo, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle SchoolKhedarpura, Anchal Paroo, District- Muzaffarpur

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Govind Prasad Chaudhary, S/O Late Banwari Chaudhary R/O VillageKaji Mohammadpur, Police Station- Paroo, District- Muzaffarpur, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School- Bishnupur Saraiya, Anchal Paroo, District- Muzaffarpur 27. Jagannath Pd. Sah S/O Shri Mahadeo Sah R/O Village, P.O.- Gokula, Police Station- Paroo, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Pandeh, Anchal Paroo, District- Muzaffarpur

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Kashi Nath Jha S/O Late Balbhadra Thakur R/O Village- Berua, Police Station- Gaighat, District- Muzaffarpur, at present posted and working as an Assistant Teacher In Govt. Upgraded Middle School- Pakari, AnchalGaighat, District- Muzaffarpur

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.... .... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Education Department, Government of Bihar, Patna

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The Joint Secretary, Education Department, Govt. Of Bihar, Patna

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The Director, Primary Education, Bihar, Patna

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Divisional Commissioner, Tirhut Division, Muzaffarpur

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The Regional Development Officer, Tirhut Division, Muzaffarpur

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The District Magistrate, Muzaffarpur

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The Additional Collector (Establishment) Cum Member Teachers Promotion Committee, Muzaffarpur

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The Deputy Development Commissioner-Cum-Chairman District Education Establishment Committee, Muzaffarpur

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The Regional Deputy Director of Education Tirhut Division, Muzaffarpur

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The District Education Officer, Muzaffarpur

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The District Programme Officer (Establishment), Muzaffarpur

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Patna High Court CWJC No.3937 of 2013 (2) dt.02-05-2014

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The Block Education Officer, Bochaha, District- Muzaffarpur

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The Block Education Officer, Muraul, District- Muzaffarpur 15. The Block Education Officer, Sakara, District- Muzaffarpur 16. The Block Education Officer, Musahari, District- Muzaffarpur 17. The Block Education Officer, Marwan, District- Muzaffarpur 18. The Block Education Officer, Motipur, District- Muzaffarpur 19. The Block Education Officer, Paroo, District- Muzaffarpur 20. The Block Education Officer, Sakara-1, District- Muzaffarpur 21. The Block Education Officer, Saraiya, District- Muzaffarpur 22. The Block Education Officer, Gaighat, District- Muzaffarpur

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate. For the Respondent/s : Mr. Shashi Bhushan Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 02-05-2014 Heard learned counsel for the parties as with regard to

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the following relief(s) prayed in this writ application:

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"1.(i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide the benefit of Rule-10 of the Bihar Nationalised Elementary School Teacher Promotion Rule, 2011, by which relaxation of one time measure has been provided in both qualification as well as experience for providing the scale of headmaster even to the such teachers, who have qualification of graduate trained.

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(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the claim of the petitioners for promotion on the post of headmaster as the petitioners after completing eight years of service in matric trained pay scale they have been provided graduate trained pay scale since 15.09.2011 and hence, they are entitled to be promoted in the scale of headmaster by providing relaxation of one time measure as in the District of Muzaffarpur having qualification of post graduate in graduate trained pay scale are not sufficient in number as per the sanctioned and vacant post of headmaster.

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(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent

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authorities concerned to provide the benefit of one time relaxation simultaneously along with the qualification in post graduate teachers who have remained in scale of graduate trained pay scale for one year as the relaxation of one time measure has been provided in the District for one time and hence, the petitioners having qualification of graduate having experience of one year in graduate trained pay scale are entitled to be considered in the district of Muzaffarpur simultaneously along with others.

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(iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to not make any kind of discrimination merely on the ground that the petitioners have only graduate qualification even though they have remained in graduate trained pay scale having experience of one year and as per Rule-10 of the Bihar Nationalised Elementary School Teacher Promotion Rule, 2011 the benefits is also having qualification of graduate trained pay scale.

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(v) For issuance of an appropriate writ in the nature of prohibition by restraining the respondent authorities concerned to not exclude the petitioners' name from the list for promotion in the scale of headmaster which is going to be made in the year 2013 excluding the petitioners merely on the ground that the petitioners have only graduate qualification even though they have experience of one year of graduate trained pay scale.

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(vi) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to implement the Rule-10 of the Bihar Nationalised Elementary School Teacher Promotion Rule, 2011 in its true sense and spirit without diverting from the executive instruction as executive instruction cannot change the rule or resolution."

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In the considered opinion of this Court, if the petitioners had any grievance with regard to promotion on the post of Headmaster, even by way of relaxation of Rule 10, they ought to have not forgotten the provision of Rule 18 of the Bihar Nationalised Primary School Teacher Promotion Rules, 2011 which enables every person aggrieved on account of denial of promotion to move initially in appeal before the concerned

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Regional Deputy Director of Education. This Court fails to understand as to under what circumstances, the statutory alternative remedy is being avoided by the petitioners. This writ application is, in fact, wholly ill-advised and misconceived and is, accordingly, dismissed.

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It however goes without saying that the dismissal of this writ application will not come in the way of the petitioners to move the appellate authority and if they do so within a period of two months from today, the same shall be decided on merit without non-suiting the petitioners on account of delay/limitation, if any.

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(Mihir Kumar Jha, J)

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Sujit/-

Ramjee Mishra and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ramjee Mishra and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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