Anita Kumari, v. The State of Bihar

Patna HC15 Jul 2024CWJC/1992/2020

Case brief

AI extract

What is this about?

Anita Kumari; Civil Writ Jurisdiction Case No.1992 of 2020; Patna High Court; decision date 15-07-2024; judge Anjani Kumar Sharan; petitioner's counsel Mr.Kumar Praveen; respondents' counsel Mr.Jitendra Kumar Roy (Sc13); Panchayat teacher; termination by Block Development Officer, Teghra, Begusarai; memo no.-1419 dated 03.08.09; District Teacher Appointment Appellate Authority, Begusarai; Appeal No.- 990/2009; order dated 10.08.2010 quashing termination; no direction for back wages; reappointment 04.02.2011; payment of due salary from 10.08.2010 to 04.02.2011; writ application disposed of; NAFR; uploaded 16.07.2024.

What did the court decide?

Direction to the concerned respondent authorities to make payment of the petitioner's due salary from 10.08.2010 to 04.02.2011; with that direction the writ application stands disposed of. ¶¶35

Anita Kumari, Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1992 of 2020

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Anita Kumari, Daughter of Yogendra Prasad Paswan, Resident of 112, Teghra Goriyarigunj, Nagar Panchayat Teghra, Ward No. -14, Teghra, Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar BIhar.

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The Principal Secretary, Education Department, govt. of Bihar, Patna.

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

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The District Magistrate, Begusarai.

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The Deputy Development Commissioner, Begusarai.

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The District Education Superintendent-cum-District Programme coordinator, Education Project, Begusarai.

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The Regional Education officer, Teghra, Begusarai.

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The Block Development Officer, Teghra, Begusarai.

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The Block Education Officer, Teghra, Begusarai.

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The Block Education Extension Officer, Teghra, Begusarai.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Kumar Praveen For the Respondent/s : Mr.Jitendra Kumar Roy ( Sc13 )

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT

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Date : 15-07-2024

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed seeking the

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following reliefs:

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“A) For the issuance of appropriate writ/writs, order/orders, direction/directions to the Respondent authorities to immediately make payment of Petitioner's due salary from 03.08.2009 to 04.02.2011 which has been not paid to her, despite several representation and personal request to the concerned respondents; on the basis of illegal and arbitrary termination order passed by respondent no.8 vide memo no.-1419 dated 03.08.09(Annexure-3); which is

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Patna High Court CWJC No.1992 of 2020 dt.15-07-2024 2/3

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already set aside by order dated 10.08.2010 (Annexure-4) passed by District Teacher Appointment Appellate Authority, Begusarai in Appeal No.- 990/2009 (Anita Kumari Vs. Block Development Officer, Teghra). B) For any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case.”

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Learned counsel for the petitioner submits that initially the petitioner was appointed as Panchayat teacher. After two years of service, the petitioner was terminated from service by the respondent no. 8 (The Block Development Officer, Teghra, Begusarai), declaring her appointment to be illegal. Thereafter, the petitioner approached the District Appellate Authority in Appeal No.990/2009, whereby the District Appellate Authority quashed the letter of termination vide its order dated 10.08.2010. However, the petitioner filed various representations before the authority for joining, thereafter, the petitioner was appointed after a delay of around five months i.e on 04.02.2011.

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Learned counsel for the respondents no. 6 and 9 submits that although the letter of termination has been quashed by the District Appellate Authority vide order dated 10.08.2010, but no direction has been issued to make payment of back wages of the petitioner.

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Considering the facts and circumstances of the case, this Court finds that the petitioner is entitled for the

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Patna High Court CWJC No.1992 of 2020 dt.15-07-2024 3/3

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payment of salary from 10.08.2010 to 04.02.2011. The concerned respondent authorities are directed to make payment of the petitioner’s due salary from 10.08.2010 to 04.02.2011.

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With the aforesaid direction, the writ application stands disposed of.

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(Anjani Kumar Sharan, J)

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anand/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.07.2024
Transmission Date	NA

Anita Kumari, v. The State of Bihar

Case brief

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Anita Kumari, v. The State of Bihar

Case brief

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