Sanjeev Kumar Jha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sanjeev Kumar Jha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application allowed exactly in terms of the judgment dated 24.12.2021 in CWJC No. 9179 of 2019, i.e., the same relief as the similarly situated teachers: respondents not to interfere with the petitioners' appointments on regular vacant posts of Teachers/Assistant Teachers in the regular pay scale; Memo No. 336 dated 07.03.2019 to be treated as quashed/ineffective for these petitioners.

Issue for consideration

Whether Memo No. 336, dated 07.03.2019, issued by respondent no. 4 should be quashed and the appointment of the petitioner Assistant Teachers on regular vacant posts of Teachers/Assistant Teachers in the regular pay scale protected, the case being covered by the judgment dated 24.12.2021 in CWJC No. 9179 of 2019.

Court's answer

Since the case is covered by the earlier decision, the present writ application is allowed exactly in terms of the judgment dated 24.12.2021 passed in CWJC No. 9179 of 2019 (under which the respondents shall not interfere with the appointments made on the regular vacant posts of Teachers/Assistant Teachers in the regular pay scale).

Detailed headnote1 paragraphs

PATNA HIGH COURT (Anil Kumar Sinha, J.) - Oral Order dated 03-01-2024 - CWJC No. 8466 of 2019: Twenty serving Assistant Teachers of various Middle/Primary Schools in Darbhanga sought quashing of Memo No. 336 dated 07.03.2019 issued by respondent no. 4. Counsel submitted that the identical memo had already been dealt with in CWJC No. 9179 of 2019, where a co-ordinate Bench, by a detailed order dated 24.12.2021, allowed the writ and declared that the respondents shall not interfere with appointments made on the regular vacant posts of Teachers/Assistant Teachers in the regular pay scale, making the present case 'squarely covered'; learned Counsel for the State did not dispute this. The Court accordingly allowed the present writ application exactly in terms of the judgment dated 24.12.2021 passed in CWJC No. 9179 of 2019. No statutory provision was cited and no monetary amount figures in the decision.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8466 of 2019

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Sanjeev Kumar Jha Son of Late Jai Krishna Jha Resident of VillageMahathwar, PS- Ghanshyampur, District- Darbhanga at present posted as teacher in Rajkiya Middle School, Laxmipur Sagar, Anchal- Darbhanga Nagar, District- Darbhanga.

Jyoti Kumari Wife of Late Saroj Kumar Resident of Village- Laheri Tola, Pandasarai, PS- Laherisarai, District- Darbhanga at present posted as Teacher in Rajkiya Middle School, Khajasarai, Anchal- Laheriyasarai, District- Darbhanga.

Pravin Kumar Jha Son of Late Deochandra Jha Resident of Village- Korthu, PS- Ghanshyampur, District- Darbhanga at present posted as teacher in Rajkiya Middle School, Sajjanpura, Anchal- Benipur, District- Darbhanga.

Govind Kumar Jha Son of Late Brajendra Jha Resident of Village- Atihar, PS- Darbhanga Sadar, District- Darbhanga at present posted as Teacher in Upgraded Middle School, Bijuli, Anchal- Darbhanga Sadar, DistrictDarbhanga.

Seraj Ahmad Son of Late Md. Asrarul Haque Resident of VillageBrahampura, PS- Ghansyampur, District- Darbhanga at present posted as teacher in Rajkiya Middle School, Pohaddi Bela, Anchal- Darbhanga Nagar, District- Darbhanga.

Brajesh Kumar Son of Late Ram Narayan Thakur Resident of VillageBaghauni, PS- Baheri, District- Darbhanga, at present posted as Teacher in Middle School, Nimaithi, District- Darbhanga.

Satish Kumar Jha Son of Late Jai Shankar Jha Resident of Village- Lahta, PS- Ali Nagar, District- Darbhanga at present posted as teacher in Upgraded Middle School, Kathra (North), Tardih, District- Darbhanga.

Santos Kumar Rai Son of Late Ramesh Chandra Rai Resident of VillageLagma, PS- Tardih, District- Darbhanga at present posted as Teacher in Rajkiya Urdu Primary School, Banka, Anchal- Tardih, District- Darbhanga.

Md. Nejamuddin Son of Late Md. Daud Resident of Village- Loaam, PSDarbhanga Sadar, District- Darbhanga, at present posted as Teacher in Upgraded Middle School, Boaam, Anchal- Darbhanga Sadar, DistrictDarbhanga.

Raghaw Kumar Lal Son of Late Chiranjiv Lal Resident of VillageGorapatti, PS- Ashok Paper Mill, District- Darbhanga at present posted as Teacher in Rajkiya Banshidas Kanya Middle School, G.N. Ganj, AnchalLaheriyasarai, District- Darbhanga.

Md. Anas Son of Late Md. Idris Resident of Village- Pali, PSGhanshyampur, District- Darbhanga, at present posted as teacher in Middle School, Karamganj (Urdu), Anchal- Laheriyasarai, District- Darbhanga.

Manish Ranjan Son of Late Sneh Prabha Sinha Resident of VillageBheluchak, PS- Darbhanga Sadar, District- Darbhanga at present posted as teacher in Middle School, Basantganj, Anchal- Darbhanga Nagar, DistrictDarbhanga.

Baidyanath Paswan Son of Late Janak Paswan Resident of Village- Pararhi,

Patna High Court CWJC No.8466 of 2019(6) dt.03-01-2024 2/4

PS- Bahadurpur, District- Darbhanga at present posted as teacher in Primary School, B.M.P.- 13 Bajitpur, Anchal- Bahadurpur, District- Darbhanga.

Rakesh Kumar Mishra Son of Late Sitaram Mishra Resident of VillageJanki Nagar, PS- Madhwapur, District- Darbhanga at present posted as teacher in Mundrika Devi Kanya Primary School, Shubhankarpur, AnchalDarbhanga Nagar, District- Darbhanga.

Kamlesh Choudhary Son of Late Suryakant Choudhary Resident of VillagePindrup, PS- Kamtaul, District- Darbhanga at present posted as Teacher in Primary School, Madhupur, Anchal- Darbhanga Sadar, District- Darbhanga.

Wakar Manauar Son of Late Safiur Rahman Resident of Village- Shatrupatti, PS- Ghoghardiha, District- Madhubani at present posted as teacher in Middle School, Gidarganj, Anchal- Bahadurpur, District- Darbhanga.

Asit Paswan Son of Late Suwailal Paswan Resident of Village- Nardariya, PS- Hanuman Nagar, District- Darbhanga at present posted as teacher in Rajkiya Middle School, Chakka Pirrhi, Anchal- Bahadurpur, DistrictDarbhanga.

Md. Nadim Akhtar Son of Late Nasim Akhtar Resident of Village- Khirna, PS- Kewti, District- Darbhanga at present posted as teacher in Primary School, Khaparpura (Harijan), Anchal- Kewti, District- Darbhanga.

Phool Kumar Jha Son of Late Ram Kripal Jha Resident of Village- Dekuli, PS- Darbhanga Sadar, District- Darbhanga at present posted as teacher in Middle School, Sinuwar Gopal, Anchal- Bahadurpur, District- Darbhanga.

Ghanshyam Jha Son of Late Bharat Jha Resident of Village- Kusauthar, PSBahadurpur, District- Darbhanga at present posted as Teacher in Primary School, Govindpur, Anchal- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Education Department, New Secretariat, Vikas Bhawan, Government of Bihar, Patna.

The Principal Secretary, Education Department, New Secretariat, Vikash Bhawan, Government of Bihar, Patna.

The Director, Primary Education, Education Department, New Secretariat, Vikash Bhawan, Government of Bihar, Patna.

The Joint Secretary, Education Department, New Secretariat, Vikash Bhawan, Government of Bihar, Patna.

The Special Secretary, Education Department, New Secretariat, Vikash Bhawan, Government of Bihar, Patna.

The District Magistrate, Darbhanga. 7. The District Education Officer, Darbhanga. 8. The District Programme Officer (Establishment) Darbhanga. ... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Sujit Kumar Singh

Patna High Court CWJC No.8466 of 2019(6) dt.03-01-2024

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For the Respondent/s : Mr.Prabhakar Jha (Gp27)

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 03-01-2024

Heard learned Counsel for the parties concerned.

2. The petitioners, who are Assistant Teachers, working in various Middle Schools, in the district of Darbhanga, filed the present writ application for quashing Memo No. 336, dated 07.03.2019, issued by the respondent no. 4.

3. Learned Counsel for the petitioners submits that the same memo was the subject matter of a writ application filed by the similarly situated teachers, in CWJC No. 9179 of 2019, and a co-ordinate Bench of this Court, by a detailed order, dated 24.12.2021, allowed the writ application and declared that the respondents shall not interfere with the appointment of the petitioners made on the regular vacant posts of Teachers/Assistant Teachers in the regular pay scale. He, thus, submits that the present case is squarely covered by the judgment, dated 24.12.2021, passed by a co-ordinate Bench of this Court. in CWJC No. 9179 of 2019.

4. Learned Counsel for the State does not dispute the statement made by learned Counsel for the petitioners.

5. Accordingly, the present writ application is also allowed exactly in terms of the judgment, dated 24.12.2021,

Patna High Court CWJC No.8466 of 2019(6) dt.03-01-2024 4/4

passed in CWJC No. 9179 of 2019.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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