Disposed¶25

Manju Devi v. The State of Bihar

Patna HC5 May 2025CWJC/9539/2021

Case brief

AI extract

What is this about?

Keywords: State Appellate Authority; quorum; Rule 4(3); Bihar State School Teachers and Employees Disputes Redressal Rules, 2015; District Teachers Employment Appellate Tribunal/Appellate Authority; order set aside and quashed; remittance/remand for expeditious disposal; Appeal No.450 of 2017; parity disposal in light of CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. v. State of Bihar, judgment dated 17.04.2025); Manju Devi; Patna High Court; CWJC No.9539 of 2021; decision date 05-05-2025.

What did the court decide?

Impugned order dated 02.07.2019 passed by the Chairperson of the State Appellate Authority set aside and quashed; matter remitted to the State Appellate Authority to dispose of Appeal No.450 of 2017 expeditiously in accordance with law, without prejudice from the 2019 order; writ petition disposed of. ¶25

Manju Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the impugned order dated 02.07.2019 passed by the Chairperson of the State Appellate Authority should be set aside and quashed, given the petitioner's submission that the writ petition is squarely covered by judgment dated 17.04.2025 in CWJC No. 17508 of 2021 (where such an order was found invalid for non-fulfillment of quorum per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015), and on what terms the matter should be remitted.

¶24

Court's answer

Considering the petitioner's submission, the impugned order dated 02.07.2019 passed by the Chairperson of the State Appellate Authority is set aside and quashed in light of the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021.

¶25

Ratio / Principle

The matter is remitted back to the State Appellate Authority; the Chairman of the State Appellate Authority having jurisdiction must ensure to dispose of the appeal expeditiously, in accordance with law, without being prejudiced by the order dated 02.07.2019 passed by the State Appellate Authority.

¶26

Detailed headnote1 paragraphs

PATNA HIGH COURT (Purnendu Singh, J), oral order dated 05-05-2025 - Civil Writ Jurisdiction Case No.9539 of 2021 (Manju Devi v. The State of Bihar & Ors.). On the petitioner's submission that the writ petition is squarely covered by judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. Vs. The State of Bihar & Ors.) - wherein an order of the State Appellate Authority had been set aside and quashed on the ground of non-fulfillment of quorum as per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015 - the Court set aside and quashed the impugned order dated 02.07.2019 passed by the Chairperson of the State Appellate Authority, and remitted the matter back to the State Appellate Authority, directing the Chairman having jurisdiction to dispose of the appeal (Appeal No.450 of 2017, Annexure P/21) expeditiously, in accordance with law, without being prejudiced by the order dated 02.07.2019. The writ petition stands disposed of. Note: the quorum-based reasoning originates in the relied-upon judgment and the counsel's submission, and is not independently restated by this Court.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9539 of 2021

¶2

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

¶3

Manju Devi wife of late Vinay Kumar resident of village - Kura Nawada, Police station- Parsa bazar, District- Patna.

¶4

... ... Petitioner/s

¶5

Versus

¶6

1. The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna - 800001.

¶7

The Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna - 800001.

¶8

The Director, Primary Education, Education Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna - 800001.

¶9

The District Magistrate, Patna.

¶10

The District Education Officer, Patna.

¶11

The District Teachers Employment Appellate Tribunal (now District Teachers Employment Appellate Authority) through its Secretary. Bankipur Girls High School, Police station Gandhi Maidan, District Patna.

¶12

The Hon'ble Member, the District Teachers Employment Appellate Tribunal (now District Teachers Employment Appellate Authority), Bankipur Girls High School, Post office Gandhi Maidan, District Patna.

¶13

The Block Development Officer, Sampatchak Block, District Patna.

¶14

The Block Education Officer, Sampatchak Block, District Patna.

¶15

The Sub Divisional Officer, Patna Sadar, Patna.

¶16

The Grampanchayat, Kandap through its Secretary, Panchayat Bhavan, Kandap, Block Sampatchak District Patna.

¶17

The Mukhia, Grampanchayat Kandap, Block Sampatchak, District Patna.

¶18

The Panchayat Secretary, Kandap Grampanchayat, Block Sampatchak, District Patna.

¶19

The Headmaster Upgraded Middle School, Kura Nawada, Block Sampatchak, District Patna.

¶20

Archana Kumari wife of Shri Sanjeev Kumar, resident of village Taranpur, Police station Gourichak, District Patna.

¶21

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Verma, Advocate. For the Respondent/s : Mr.Madhaw Prasad Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 05-05-2025 Heard Mr. Sanjay Kumar Verma, learned counsel

¶22

Patna High Court CWJC No.9539 of 2021(3) dt.05-05-2025 2/3

¶23

appearing on behalf of the petitioner and Mr. Madhaw Prasad Yadaw, learned GP-23 for the State.

¶24

At the outset, learned counsel appearing on behalf of petitioner submits that the present writ petition is squarely covered by the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. Vs. The State of Bihar & Ors.) and the present writ petition may be disposed of in light of the aforesaid case, wherein the order passed by the State Appellate Authority was set aside and quashed on the ground of non-fulfillment of quorum of the State Appellate Authority as per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015.

¶25

Considering the aforesaid submission made on behalf of the petitioner, the impugned order dated 02.07.2019 passed by the Chairperson of the State Appellate Authority is hereby set-aside and quashed in light of the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021.

¶26

The matter is remitted back to the State Appellate Authority. The Chairman of the State Appellate Authority having jurisdiction must ensure to dispose of the appeal expeditiously, in accordance with law without being prejudiced by the order dated 02.07.2019 passed by the State Appellate

¶27

Patna High Court CWJC No.9539 of 2021(3) dt.05-05-2025 3/3

¶28

Authority in Appeal No.450 of 2017 (Annexure P/21).

¶29