Division Bench allowed appeal by teachers, setting aside single judge's order directing approach to an Authority with non-existent jurisdiction, restoring matter for fresh hearing.
Impugned order set aside; matter restored to be heard afresh before the learned Single Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.641 of 2022 In
Civil Writ Jurisdiction Case No.4925 of 2018
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Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 2/7
Surangopur, P.S. and Distt.- Jahanabad.
... ... Appellant/s Versus
Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 3/7
Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 4/7
Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 5/7
Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 6/7
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Dewanand Tiwari, Advocate For the Respondent/s : Mr.Apurva Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-12-2024
Heard learned counsel for the parties.
Judge has directed the teachers, who are the appellants herein, to approach the District Appellate Authority/State Appellate Authority (for brevity, the ‘Authority’) to get their grievance redressed in view of the judgment dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 ( Suresh Ram vs. State of Bihar and Ors. ) and C.W.J.C No. 34 of 2022 ( Minakshi @ Sushree
Patna High Court L.P.A No.641 of 2022 dt.17-12-2024 7/7
Minakshi & Anr. Vrs. The State of Bihar & Ors. ). However, the relied on decisions were appealed against and by order dated 18.01.2023 passed in L.P.A. No. 255 of 2022, a Division Bench of this Court found that it was not proper for the learned Single Judge to have conferred jurisdiction on the Authority, when it was non-existent. Hence, writ petition was directed to be considered afresh.
closed.
(K. Vinod Chandran, CJ)
(Nani Tagia, J)
Sujit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 17.12.2024 |
| Transmission Date |
1 issue framed by the court
Whether the single judge erred in conferring jurisdiction on the Authority to redress grievances in view of the Division Bench judgment.
Colour shows how this judgement treated each authority
Suresh Ram vs. State of Bihar and Ors.Referred¶129
C.W.J.C. No. 5489 of 2020 (Suresh Ram vs. State of Bihar and Ors.)
Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶129
C.W.J.C No. 34 of 2022 (Minakshi @ Sushree Minakshi & Anr. Vrs. The State of Bihar & Ors.)
Division Bench of Patna High CourtFollowed¶131
L.P.A. No. 255 of 2022
Teachers (100 or so)
State of Bihar
Principal Secretary, Human Resources Development Department, Patna
Director, Primary Education, New Secretariat, Patna
Chief Justice K. Vinod Chandran
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
