Dismissed¶¶24

The State Of Bihar and Ors. v. Jagannath Jha

Patna HC13 May 2025L.P.A/346/2019

Case brief

AI extract

What is this about?

condonation of delay; 129 days; I.A. No. 01 of 2024; L.P.A. No. 346 of 2019; CWJC No. 22864 of 2012; State of Bihar HRD Department; trained teacher qualification; graduation degree; resolution dated 05.03.2018; arrears in five installments or lump sum; retired teachers; admission stage; counter affidavit; Jagannath Jha; Assistant Teacher Project Girls High School Ghanipulsara Kishanganj; LPA dismissed for want of pleadings.

What did the court decide?

For the reasons stated in the application read with the affidavit, the delay of about 129 days in filing L.P.A. No. 346 of 2019 stands condoned, and I.A. No. 01 of 2024 stands allowed. ¶¶16

The State Of Bihar and Ors. Vs Jagannath Jha — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶¶24

Issue for consideration

Whether the delay of about 129 days in filing L.P.A. No. 346 of 2019 should be condoned (I.A. No. 01 of 2024). +1 more

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Court's answer

For the reasons stated in the application read with the affidavit, the delay of about 129 days in filing L.P.A. No. 346 of 2019 stands condoned, and I.A. No. 01 of 2024 stands allowed.

¶¶16

Ratio / Principle

The State appellants did not plead in any paragraph of the LPA that the contesting respondent does not possess certain qualification or is required to fulfil the trained graduate qualification; in the absence of such pleadings, the appellants have not made out a case.

¶¶23

Key takeaways

The Court proceeded on a mere assumption, without deciding, that the learned Single Judge may have committed an error in not providing an opportunity to file a counter affidavit.obiter¶¶21
L.P.A. No. 346 of 2019 stands dismissed.ratio¶¶24

Detailed headnote1 paragraphs

Patna High Court, L.P.A. No. 346 of 2019 in CWJC No. 22864 of 2012 (oral judgment per P.B. Bajanthri, J., with S.B. Pd. Singh, J.; decided 13-05-2025). I.A. No. 01 of 2024 seeking condonation of a delay of about 129 days in filing the LPA was allowed. On the appeal, counsel for the State argued that retired teachers holding only a graduation degree, without trained-teacher qualification, were not entitled to arrears under the resolution dated 05.03.2018 payable in five instalments or lump sum, and that the learned Single Judge had erred in deciding CWJC No. 22864 of 2012 and connected matters at the admission stage without permitting the appellants to file a counter affidavit. The Division Bench noted that the State had pleaded nowhere in the LPA that the contesting respondent lacked the requisite qualification or was required to fulfil the trained graduate qualification; absent such pleadings the appellants made out no case, and the LPA stood dismissed. No entitlement question was adjudicated on the merits.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.346 of 2019 In

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Civil Writ Jurisdiction Case No.22864 of 2012

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

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The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

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The Director Secondary Education, Human Resources Development Department, Govt. of Bihar, Patna.

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The Regional Deputy Director of Education, Purnea Division, Purnea.

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The District Education Officer, Kishanganj.

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... ... Appellant/s

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Versus

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Jagannath Jha S/o Late Raghunath Jha, R/o Villagle- Daulatpur, P.S.- Palasi, District- Araria, at present Assistant Teacher In Project Girls High SchoolGhanipulsara, P.S.- Terhagachh, District- Kishanganj.

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.S.S. Tiwary ( AC to AAG 15 ) For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 13-05-2025

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Re: I.A. No. 01 of 2024

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Heard I.A. No. 01 of 2024 for condonation of delay. There is a delay of about 129 days in filing L.P.A. No. 346 of 2019.

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For the reasons stated in the application read with the affidavit, delay of about 129 days in filing L.P.A. No. 346 of 2019, stands condoned.

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Patna High Court L.P.A No.346 of 2019 dt.13-05-2025 2/3

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Accordingly, I.A. No. 01 of 2024 stands allowed.

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LPA No. 346 of 2019

¶20

Learned counsel for the appellant State submitted that the respondent teacher is not entitled to have the benefit of arrears in five installment or lump sum to such of those retired teachers under resolution dated 05.03.2018, only on the score that they do not possess qualification of a trained teacher and they have only graduation degree. To that effect, he has not apprised from the pleadings to the extent that respondent Jagannath Jha, Krishna Chandra Mishra, Rudal Prasad Singh, Kishor Kumar Mishra, Anant Kumar Jha and Chandra Kant Mani are possessing particular qualification and they do not possess graduation trained. In the absence of such pleadings, learned counsel for the appellant State is addressing on this issue that the learned Single Judge has committed error and so also no opportunity has been provided in the writ proceeding and at the admission stage itself and without permitting the appellants to file counter affidavit proceeded to decide CWJC No. 22864 of 2012 and connected matters.

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Assuming that the learned Single Judge has committed error in not providing opportunity of filing counter affidavit, at the same time learned counsel for the appellant

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Patna High Court L.P.A No.346 of 2019 dt.13-05-2025 3/3

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State has not pleaded in its LPA in anyone of the para to the extent that the contesting respondent is not possessing certain qualification and he is required to fulfill trained graduate qualification. In the absence of such pleadings, the appellants have not made out a case.

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Accordingly, LPA stands dismissed.

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(S. B. Pd. Singh, J)

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ranjan/-

¶27

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.05.2025
Transmission Date	NA

The State Of Bihar and Ors. v. Jagannath Jha

Case brief

What is this about?

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The State Of Bihar and Ors. v. Jagannath Jha

Case brief

What is this about?

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