Patna High Court - Orders
The Chairman, Bihar School Examination ... vs Pramod Pandit And Anr on 25 July, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1571 of 2013
In
Civil Writ Jurisdiction Case No.753 of 2012
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Bihar School Examination Board
... ... Appellant/s
Versus
Suresh Prasad and Ors
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1163 of 2017
In
Civil Writ Jurisdiction Case No.1299 of 2009
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The Chairman, Bihar School Examination Board and Ors
... ... Appellant/s
Versus
Pramod Pandit and Anr
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1571 of 2013)
For the Appellant/s : Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Siddhartha Prasad, Advocate
Mr. Prabhat Ranjan Singh, AC to AAG-15
(In Letters Patent Appeal No. 1163 of 2017)
For the Appellant/s : Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Siddhartha Prasad, Advocate
Mr. Prabhat Ranjan Singh, AC to AAG-15
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
34 25-07-2023We see from Annexure-6 series produced in C.W.J.C. No. 753 of 2012 that there were total sanctioned posts of 102, in Class-IV, which also comprised of Machine man and Driver, who would have had to have necessary skill for occupying the Patna High Court L.P.A No.1571 of 2013(34) dt.25-07-2023 2/3 said posts, Daftari another post included would have been a promotional post. However, the major component are the posts of Peons and some of Gardener and Chowkidar as also Sweepers. Admittedly, as per the aforesaid list, there were 102 vacancies available in the Bihar Intermediate Education Council, which is also further evidenced by the file notes which have been produced by the petitioners in the rejoinder affidavit dated 05.04.2023 filed in L.P.A. No. 1571 of 2013. As against the 102 sanctioned posts, it is seen from the file notings at page 291 of the records of the L.P.A. that there were 47 incumbents continuing. This has led to regularization in the year 2005 of 94 persons which included many of the 47 already in regular employment, is the contention. We also see from the regularization made produced at Annexure-7 in C.W.J.C. No. 753 of 2012 that there were 94 persons regularized as on 2005. The Board itself admits that 28 of them were earlier regularized.
2. In the context of the above facts, we are of the opinion that the Board should file an affidavit indicating the number of Class-IV employees who came into their service as on 2007 from the Intermediate Council, category-wise, specifying the posts in which they were continuing in the Bihar Intermediate Education Council. In addition to this, the Board Patna High Court L.P.A No.1571 of 2013(34) dt.25-07-2023 3/3 shall also specify the present sanctioned posts in Class-IV and the existing employees thereon. Further, the Board shall also specify as to whether any appointments were made to the Class- IV posts after 2007. The said affidavit shall be placed within a period of two weeks from today.
3. Post on 16.08.2023.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) aditya/-
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