Dismissed

Ghazala Bano v. The State Of Bihar and Ors.

Patna HC14 Nov 2017CWJC/20287/2012

Case brief

AI extract

What is this about?

The petitioner, a provisionally engaged teacher under the Sarb Shiksha Abhiyan scheme, approached the High Court via a writ petition seeking quashing of her termination and posting orders. The court held that such engagements do not create civil posts or vested rights and disposed of the writ application.

What did the court decide?

The writ application seeking quashing of termination and mandatory posting was dismissed.

Ghazala Bano Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.20287 of 2012

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====================================================== Ghazala Bano, Wife of Nezamuddin, resident of Village - Dhanaw English, P.O. - Dhanaw, P.S. - Nasriganj, District - Rohtas, presently posted as Teacher-cum-Warden-In-Charge, Kasturba Gandhi Girls School, Nasriganj, P.S. - Nasriganj, District – Rohtas.

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.... .... Petitioner Versus

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The State of Bihar through the Commissioner-Cum-Secretary, Department of Human Resources Development, Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The District Education Officer, Rohtas at Sasaram.

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The District Programme Officer, Bihar Education Project, Rohtas at Sasaram.

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The Secretary, Vidyalaya Shiksha Samiti, Nasriganj, Rohtas at Sasaram.

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The Secretary, Selection Committee, Kasturba Gandhi Girls School, Nasriganj, Rohtas at Sasaram.

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The Block Education Extension Officer, District - Rohtas at Sasaram.

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.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Rashid Izhar, Advocate. For the State : Mr. Nishant Kumar Jha, A.C. to S.C. 28. For the B.E.P.C. : Mr. Girijish Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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4 14-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

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The following reliefs have been sought for by the

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petitioner in the present writ application.

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“1(i) Issuance of an appropriate writ or writs in the nature of Certiorari quashing order dated 20.11.2011, passed by respondent no. 4, whereby the service of the petitioner on the post of Full Time Teacher and Warden-In-Charge is terminated with immediate effect without any show cause or departmental proceeding.

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Patna High Court CWJC No.20287 of 2012 (4) dt.14-11-2017

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2/2

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(ii) Issuance of writ or writ in the nature of Mandamus commanding the respondents to immediately post the petitioner in the same capacity as Full Time Teacher in Kasturba Gandhi Girls School with all consequential monetary benefits. (iii) Issuance of declaration that no employee under an employment since 2003 can be divested or terminated from his post without a full-fledged enquiry and after giving appropriate opportunity to the employee to defend himself in the proceeding”.

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The petitioner was selected on a provisional basis subject to renewal under the scheme of „Sarb Shiksha Abhiyan‟. Such engagements were made in the Institutions which are known as „Kasturba Gandhi Balika Vidyalaya‟. They are not holder of a civil post.

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Under the scheme, the petitioner has not any vested right to continue on such post, however, if so advised, the petitioner may move for redressal of her grievance before the State Project Director.

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With the aforesaid observations and directions, the present writ application stands disposed of.

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U.K./U

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(Sudhir Singh, J)

Ghazala Bano v. The State Of Bihar and Ors.

Case brief

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Ghazala Bano v. The State Of Bihar and Ors.

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