Disposed

Poonam Kumari and Ors. v. The State Of Bihar and Ors.

Patna HC4 Dec 2017CWJC/5170/2014

Case brief

AI extract

What is this about?

Petitioners, night guards in Kasturba Gandhi Balika Vidyalaya, sought quashing of termination letters and advertisements for fresh appointments via writ under Article 226. The Court held that as their engagements were contractual, no statutory right accrued. Consequently, writ jurisdiction was not exercised; common law and civil courts' writs were the proper remedy.

What did the court decide?

The writ application was disposed of; no writ jurisdiction was exercised as the remedy lies in civil court.

Poonam Kumari and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5170 of 2014

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

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Poonam Kumari W/O Vijay Parsad Resident Of Village- Dadnapur, P.SGuraru, District- Gaya.

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Mamta Kumari W/O Sanjay Kumar Resident Of Village Sri Rampur, P.S- Sherghati, District- Gaya. 3. Rekha Kumari Sinha W/O Anil Kumar Resident Of Village- Khanetu, P.S- Tekari, District- Gaya. 4. Meena Devi W/O Chote Lal Verma Resident Of Village- Tenari, P.SGuraru, District-Gaya. 5. Munni Champa Kumari W/O Kapildeo Kumar Resident Of VillageRadavishunpur, P.S- Guraru, District- Gaya. 6. Lalpari Devi W/O Sukhdeo Mistri Resident Of Village- Mahkampur, P.S- Dolahi, District- Gaya. 7. Geeta Devi W/O Janardhan Prasad Resident Of Village- Raghunath Khap, P.S- Gurua, District- Gaya. 8. Shakuntla Devi W/O Kameshwar Dangi Resident Of Village- Bihargi, P.S- Roshanganj, District- Gaya. 9. Manju Devi W/O Niranjan Kumar Resident Of Village- Taradih, P.SMadanpur, District- Gaya 10. Basanti Devi W/O Mahesh Manjhi Resident Of Village- Mohabbatpur, P.S- Sherahati, District- Gaya. 11. Sunita Devi W/O Late Amarnath Resident Of Village- Ikha, P.SGurua, District- Gaya. 12. Juli Kumari W/O Ranju Kumar Resident Of Village- Srirampur, P.SSherghati, District- Gaya. 13. Vimla Devi W/O Sanjay Prasad Resident Of Village- Tekuli, P.SGuraru, District- Gaya. 14. Kanti Devi W/O Ramlesh Prasad Resident Of Village- Bhaluhar, P.SRoshanganj, District- Gaya. 15. Sangita Kumari W/O Vinod Kumar Resident Of Village- Gangi, P.SBarachatti, District- Gaya. 16. Asha Devi W/O Devendra Parsad Resident Of Village- Nawdiha, P.SKhizar Sarai, District- Gaya. 17. Neelan Devi W/O Ganesh Sao Resident Of Village- Jagatpur, P.SDumaria,District- Gaya. 18. Sabita Devi W/O Siabar Parsad Resident Of Village- Balpar, P.SDumaria, District- Gaya. 19. Amuti Devi W/O Mithilesh Kumar Resident Of Village- Narawat, P.SUsri, District- Gaya. 20. Usha Kumari W/O Raj Kumar Prasad Resident Of Village- Paty, P.SAmas, District- Gaya.

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Kunti Devi W/O Shiv Ratan Mandal Resident Of Village- Sankalla, P.SAmas, District- Gaya.

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Shakuntala Dangi W/O Arbind Paswan Resident Of Village- Kanosi, P.S- Konch, District- Gaya. .... .... Petitioners

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Versus

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The State Of Bihar, Through The Principal Secretary, Human Resources Development, Bihar, Patna.

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The District Magistrate, Gaya.

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The State Project Director, Bihar, Patna Bihar Education Project Council Beltron Bhawan, Shastrinagar, Patna.

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The District Education Officer, Gaya.

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Patna High Court CWJC No.5170 of 2014 (3) dt.04-12-2017

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The District Programme Officer ( Establishment) Gaya. 6. The District Programme Coordinator, Bihar Mahila Samakhya Society, Gaya. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate. Mr. Sita Ram Prasad, Advocate. For the Respondent/s : Mr. Kaushal Kr Jha, AAG-14 For B.E.P.C. : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 04-12-2017 Heard learned counsel for the petitioners and learned counsel for the respondents.

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The petitioners in the present writ application have sought for quashing the Letter No.3 dated 04.01.2003, as contained in Annexure-5 to the writ petition, whereby and whereunder the services of the petitioners have been terminated by the Respondent no.5, who are holding the post of Night Guard in the ‘Kasturba Gandhi Balika Vidyalaya’, situated in different Blocks of Gaya District, since their appointments are of year 27.09.2007 on the ground that while appointments’ guidelines issued by the State Level Office, as contained in Letter No.4637 dated 27.09.2007 was not complied with. Further to quash the advertisement, as contained in Annexure-14 in the writ petition published in the daily ‘Hindi Dainik Jagran’ dated 16.02.2014, whereby and whereunder the applications have been invited for fresh appointment of Teacher, Warden, Night Guard, Orderly Peon and Cook etc. for ‘Kasturba Gandhi Balika Vidyalaya’ under

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Patna High Court CWJC No.5170 of 2014 (3) dt.04-12-2017

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the aegis of Bihar Education Project, Gaya, contrary to the Circulars issued time to time. Further to direct the respondents to reinstate them on the ground that they were validly appointed to such posts after completing all the selection process adopted by the Appointing Authority.

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The engagement of the petitioners is on contractual basis against the non-teaching posts i.e. Night Guards under the Scheme of ‘Sarva Shiksha Abhiyan’ under the institution known as ‘Kasturba Gandhi Balika Vidyalaya’.

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Considering the nature of engagement as such, no statutory right has accrued in favour of the petitioners, as their engagements are on contractual basis. In the said circumstances, it is not required to exercise the power under Article 226 of the Constitution of India. The remedy of the petitioners lie under the common law but not under Article 226 of the Constitution of India. If so advised, the petitioners may approach before the competent Civil Court by filing the suit for redressal of their grievances.

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

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(Sudhir Singh, J)

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Amit/U

Poonam Kumari and Ors. v. The State Of Bihar and Ors.

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Poonam Kumari and Ors. v. The State Of Bihar and Ors.

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