The High Court dismissed a petitioner's writ petition seeking regular appointment as a Panchayat Teacher on compassionate grounds after his father's death, ruling that the appointment date followed the Supreme Court's cutoff in Mukesh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 3507 of 2015
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Rakesh Kumar Son of Late Suresh Prasad, resident of Village - Jagarnathpur, P.O. Madhopur, P.S. Jamo Bazar, District – Siwan.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 04-09-2018
Heard learned counsel for the petitioner and State.
reliefs:
“That through this writ application is being filed by the petitioner for issuance of an appropriate writ in the nature of mandamus directing the respondents to appoint the petitioner on Class-III Government Post in regular pay scale from the date of his selection on the post of Panchayat Teacher on 01.04.2010 on compassionate ground on account of death of his father in Government Upgraded Middle School, Rachhopali Anchal, Barharia, District Siwan.
The petitioner further prays to pass any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case. ”
Patna High Court CWJC No.3507 of 2015 dt.04-09-2018
2/2
State of Bihar reported as 2017 (2) PLJR (SC) 263 , on the issue involved in the present case has held as under:
“4. For the foregoing reasons, we direct that the Appellants who were recommended for appointment to Class-III or Class-IV posts prior to 1.7.2006 will either be appointed on Class-III or Class-IV posts on regular basis or will be entitled for continuance as Teachers on a regular pay scale. The other Appellants who were appointed after 1.7.2006 will not be entitled for the relief of regular pay scales. However, we grant them liberty to approach the State Government for suitable relief in terms of the order passed in SLP (C) No. 29655 of 2010”.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U
2 issues framed by the court
Whether a petitioner appointed as a Panchayat Teacher on 01.04.2010 after the father's death on 27.06.2007 is entitled to regular pay scale on compassionate grounds.
Whether the Supreme Court judgment in Mukesh disqualifies the petitioner from regular appointment.
Colour shows how this judgement treated each authority
Mukesh vs State of BiharApplied¶23
Mukesh vs State of Bihar 2017 (2) PLJR (SC) 263
Rakesh Kumar
State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
