Dipmala Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dipmala Pandey Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner to file a detailed representation, with a copy of the orders passed in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015, before respondent no.7 (District Programme Officer, Establishment, Bhojpur) within two weeks; respondent no.7 to consider the petitioner's case and dispose of the representation after affording an opportunity of personal hearing or through counsel, passing a reasoned and speaking order in accordance with law and in light of the abovementioned orders within eight weeks; respondent no.7 personally responsible for non-compliance.

Issue for consideration

Whether any further adjudication of the present writ application was required, given that learned counsel submitted the petitioner's case to be fully covered by this Court's judgments in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015 and the Court found it similar to that of the petitioners of L.P.A. No.43 of 2016.

Court's answer

Since the petitioner's case stands on a similar footing to that of the petitioners of L.P.A. No.43 of 2016, the Court held that there is no requirement to keep pending the present writ application.

Ratio / Principle

The petitioner was directed to file a detailed representation before respondent no.7 within two weeks, enclosing a copy of the orders passed in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015.

Key takeaways

Respondent no.7 was directed to consider the petitioner's case and dispose of her representation after affording an opportunity of personal hearing or through their counsel, passing a reasoned and speaking order in accordance with law and in light of the order passed in the abovementioned cases, within eight weeks of filing of the representation.ratio¶23
Respondent no.7 was declared to be personally held responsible for non-compliance of the Court's order.ratio¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT (Anjani Kumar Sharan, J.) - CWJC No.4755 of 2023 - Dipmala Pandey, Assistant Teacher, Sanskrit High School Andhari, Bhojpur v. State of Bihar, Bihar Sanskrit Shiksha Board and others - decided 15-04-2024. Learned counsel submitted that the petitioner's case was fully covered by this Court's judgments in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015. Finding the petitioner's case on a similar footing to that of the petitioners of L.P.A. No.43 of 2016, the Court held there was no requirement to keep the writ pending and disposed of it, directing the petitioner to file a detailed representation with copies of those orders before respondent no.7 within two weeks; respondent no.7 to consider the case and dispose of the representation after affording an opportunity of personal hearing or through counsel, passing a reasoned and speaking order in accordance with law and in light of the abovementioned orders within eight weeks, remaining personally responsible for compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4755 of 2023

======================================================

Dipmala Pandey Wife of Sri Ashutosh Anand Resident of Mohalla- Gautam Budh Nagar, Arrah, P.S.- Nawada, District- Bhojpur, At present Assistant Teacher in Sanskrit High School Andhari, Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Secondary Educa-tion, (Sanskrit Education), Bihar, Patna.

The Special Director Secondary Education, Incharge Sanskrit Education Department of Education, Government of Bihar, Vikash Bhawan, Patna.

The Bihar Sanskrit Shiksha Board Bihar,Patna, through its Secretary.

The Chairman Bihar Sanskrit Shiksha Board, Bihar, Patna.

The Secretary, Bihar Sanskrit Shiksha Board, Bihar, Patna.

The District Education officer Bhojpur, District-Bhojpur.

The District Programme officer , Estab-lishment, Bhojpur, District- Bhojpur.

The Headmaster Sanskrit High School Andhari, Bhojpur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Suresh Kumar Ishwar For the Respondent/s : Mr. Jitendra Kr. Roy 1 (Sc13) For the Board : Mr. S.S. Sundram ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 15-04-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

Learned counsel for the petitioner submits that the case of the petitioners is fully covered by the judgment passed by this Court in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015 and other analogous cases.

Considering the aforesaid facts, since the case of the petitioner stands on similar to that of the petitioners of L.P.A.

Patna High Court CWJC No.4755 of 2023(3) dt.15-04-2024 2/2

No.43 of 2016, there is no requirement to keep pending the present writ application.

Accordingly, petitioner is directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No.985 of 2015 and C.W.J.C. No.15299 of 2015, before the respondent no.7 within a period of two weeks and the respondent no.7 is well advised to consider the case of the petitioner and dispose of the representation of the petitioner after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in abovementioned cases within eight weeks from the date of filing of such representation by the petitioner.

It is made clear that respondent no.7 shall be personally held responsible for non-compliance of this order.

With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J)

shikha/-

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