A writ petition by a Prakhand Teacher over an employment-related grievance was disposed of in terms of Category 'H' of the court's earlier order in Md. Ataur Rahman, requiring the State to examine the case and pass a speaking order, with recourse to a District Appellate Authority.
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.1639 of 2022
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Vikram Kumar Son of Late Radheshwar Thakur Resident of Kushi Harpur Horil, P.S.- Kanti, District- Muzaffarpur, working as Prakhand Teacher in upgraded Middle School, Maishahan, Muzaffarpur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner : Mr.Shashi Bhushan Singh For the State : Mr.Prabhat Kishore, AC to SC XIII For the UOI : Mr.R.K. Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 02-01-2023
This case is decided in terms of Category ‘H’ of the order dated 19.10.2022 passed in C.W.J.C. No. 16214 of 2019
(Md. Ataur Rahman & Ors. Vrs. the Union of India & Ors.)
“After having examined generally the facts of each case, this Court finds that the directions as issued herein above for each category would also govern the petitioners. Herein, it is for the State Government to examine facts of each and every
Patna High Court CWJC No.1639 of 2022(3) dt.02-01-2023
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teacher in terms of the order passed above. The petitioners would be free to make individual appropriate representation mentioning their own facts and the authority above as designated by the Director Education shall after referring to the directions of this Court in the preceding para’s pass a speaking order.
State Government considering the directions issued herein above, would also take decision with reference to the present petitioners. In spite thereto, if any grievance of any individual person is not meted out, he or she shall be free to individually file an appeal before the concerned District Appellate Authority for redressal of his or her grievance.”
With the aforesaid observation, the writ petition is
accordingly disposed of.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 1
U
1 issue framed by the court
Should the petitioner's writ petition be decided in terms of Category 'H' directions of the earlier order in C.W.J.C. No. 16214 of 2019?
Colour shows how this judgement treated each authority
Md. Ataur Rahman & Ors. v. the Union of India & Ors.Followed¶1
C.W.J.C. No. 16214 of 2019 (Md. Ataur Rahman & Ors. Vrs. the Union of India & Ors.)
Vikram Kumar
The State of Bihar through the Principal Secretary, Education Department
The Principal Secretary, Education Department, Govt. of Bihar, Patna
The Director, Primary Education Department, Govt. of Bihar, Patna
The District Education Officer, Muzaffarpur
The District Programme Officer (Establishment), Muzaffarpur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
