In a writ petition seeking absorption on a Class-IV post due to corrected work experience, the High Court disposed of the application by directing the petitioner to file a representation with the concerned authority before the matter is heard.
Direction to file representation before respondent no. 4 for reasoned and speaking order within 90 days.
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.13203 of 2024
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Seema Kumari @ Seema Devi Wife of Shrikant Tiwari Resident of villageJanerwa, P.S.- Areraj, District- East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Government Pleader 17 ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 03-09-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
following relief(s):-
“ (a) to issue an order/orders, direction/directions, writ/writs in nature of mandamus commanding upon the respondents concerned to consider the candidature of the petitioner for the absorption on Class-IV Post in the light of order dated 26.02.2016 passed in SLP No.32079 of 2015 (Annexure-P4) as the petitioner has been denied for the said
Patna High Court CWJC No.13203 of 2024(2) dt.03-09-2024 2/4
absorption on the ground that the work experience certificate issued earlier is shortage of three year, but on raising objection, the same has been corrected by the office of District Education Officer, East Champaran in the date of 03.10.2023 and moreover, the said correction as so made, placed before the Joint Secretary-cumDirector, Mass Education, Education Department, Bihar, Patna (Respondent No. 4) vide Letter No.174 dated 03.10.2023 (Annexure-P6/1) for the approval for the absorption, but till today the same is still pending in this regard.
(b) to issue an order/orders, direction/directions, writ/writs in nature of mandamus commanding upon the respondents concerned especially
Respondent No. 4 to get approved the correction as so made by Respondent No. 5 after going through the enquiry and examine the work experience of the petitioner and be placed before the Respondent No. 4 vide Letter No.174 dated 03.10.2023.
(c) to issue an order/orders, direction/directions, writ/writs in nature of mandamus commanding upon the respondents concerned to take appropriate steps to get the petitioner be absorbed on Class-IV Post in the light of corrected
Patna High Court CWJC No.13203 of 2024(2) dt.03-09-2024 3/4
Seniority list, in the date of 14.10.2020 (Annexure-P) wherein the petitioner is at Serial No. 38 in the said seniority list, as the petitioner is found to be complying all the criteria as laid down in order dated 26.02.2016 passed in SLP No.32079 of 2015 (Annexure-P2) by Hon'ble Supreme Court. ” 3. Learned counsel for the petitioner submits that the
petitioner was initially appointed on the post of Instructor under Non-Formal Education but she was party to the litigation and her name figured at petitioner no. 51 in C.W.J.C. No. 3703 of 2016. He further submits that the relief(s) could not be granted only due to the reason that there was discrepancies in the certificate relating to work experience. He further submits that the said discrepancies have already been removed on October, 2023, contained in Annexure P/8, letter no. 174 dated 03.10.2023. He further submits that the petitioner is entitled for the relief(s) which have been granted to other petitioners of C.W.J.C. No. 3703 of 2016.
Patna High Court CWJC No.13203 of 2024(2) dt.03-09-2024 4/4
(Dr. Anshuman, J)
sadique/-
U
2 issues framed by the court
Whether the petitioner should be directed to file a representation for absorption on a Class-IV post instead of approaching the Court directly.
Whether the petitioner is entitled to be absorbed on Class-IV post similar to other petitioners in C.W.J.C. No. 3703 of 2016.
Seema Kumari @ Seema Devi
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
