Dismissed

Dilip Kumar v. The State of Bihar

Patna HC3 Feb 2023CWJC/764/2023

Case brief

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What is this about?

Patna High Court dismissed a writ petition filed by Block Teachers seeking a mandatory writ of mandamus for payment of salary and arrears. The court ruled the matter was not appropriate for this jurisdiction, dismissing the petition with liberty to file an appeal before the District Appellate Authority.

What did the court decide?

Writ petition dismissed with liberty to file appeal before the concerned District Appellate Authority.

Dilip Kumar Vs The State of Bihar — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.764 of 2023

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Dilip Kumar Son of Bhagirath Prasad, Resident of Village- Baliari, Police Station - Roh, District- Nawada.

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Ranjit Rajvanshi Son of Bahadur Rajvanshi, Resident of Village- Miyan Bigha, Police Station- Nardiganj, District- Nawada.

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Dhirendra Kumar Verma Son of Shyamdev Prasad, Resident of VillageDakhingoan, Police Station- Wazirganj, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Human Resources Department, Bihar Patna.

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The Principal Secretary, Human Resources Department, Bihar Patna.

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The Director, Primary Education Department, Govt. of Bihar, Patna.

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The District Magistrate, Nawada, District- Nawada.

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The District Education Officer, Nawada, District- Nawada.

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The District Programme Officer, (Establishment), Nawada, DistrictNawada.

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The Block Education Officer, Nardiganj, Police Station- Nardiganj, DistrictNawada.

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The Head Master Upgraded Middle School Masauraha, Hindi BlockNardiganj, Police Station- Nardiganj, District- Nawada.

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The Head Master Upgraded Middle School Dhaniawan, Block- Nardiganj, Police Station- Nardiganj, District- Nawada.

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The Head Master Upgraded Middle School Basti Bigha, Block- Nardiganj, Police Station- Nardiganj, District- Nawada.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Jitendra Kumar Roy 1 ( Sc 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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2 03-02-2023 No one appears for the petitioners.

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Heard the parties through virtual mode.

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The petitioners by way of this writ petition has

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prayed as under :-

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Patna High Court CWJC No.764 of 2023(2) dt.03-02-2023

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2/2

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“(i) That this writ application is being filed on behalf of the petitioners for issuance of (a) an appropriate order/orders/direction/directions/writ in the nature of Mandamus directing and commanding to the Respondents to pay the monthly salary along with arrears of salary to the petitioners with statutory interest for the ends of Justice.”

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Admittedly, the petitioners are Block Teachers and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

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(Sanjeev Prakash Sharma, J)

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Brajesh Kumar/Item no.47 U

Dilip Kumar v. The State of Bihar

Case brief

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Dilip Kumar v. The State of Bihar

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