Patna High Court - Orders
Smt.Archana Roy & Ors vs The State Of Bihar & Ors on 14 March, 2016
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7633 of 2011
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1. Smt.Archana Roy, wife of Sri Sunil Roy, aged about years, resident of
Village - Opaljuhi, P.S. - Kataiya, District - Gopalganj
2. Sanjay Prasad, son of Sri Vishwanath Sah, resident of Village - Sewaya,
P.S. - Kataiya, Distt. - Gopalganj
3. Biraj Kishore Manjhi , son of Sri Ram Nawmi Manjhi, resident of
Village - Narhma Sukhala, P.S. - Gopalpur, District - Goplaganj
4. Kershaw Prakash Tiwary , son of Sri Radheshyam Tiwari , resident of
Village - Sewaya, P.S. - Kataiya, District - Gopalganj
5. Jawahar Lal Sah, son of Motilal Saha, resident of village- Lohati, P.S. -
Kataiya, District - Gopalganj
6. Ghanshyam Tiwary S/O Ramadhar Tiwary, resident of village- Amaya,
P.S. - Kataiya, District - Gopalganj
7. Ripunjay Kumar Pandey S/O Late Madhusudhan Pandey, R/O Village -
Banjarya, Distt. - Gopalganj
8. Sanjay Kumar Pathak S/O Sri Pasupati Nath Pathak, R/O Village -
Sohaniya, P.S. - Katiyan, District - Gopalganj
9. Mahatam Singh S/O Rampujan Singh R/O Village - Kapuri, P.S. -
Kataiya, District - Gopalganj
10. Sanjay Ram S/O Sri Hari Shankar Ram R/O Village - Barhra, P.S. -
Kataiya, District - Gopalganj
11. Ram Sanehi Ram S/O Sri Mahavir Ram R/O Village - Dharahar Mela,
P.S. - Kataiya, District - Gopalganj
.... .... Petitioners
Versus
1. The State of Bihar through the Secretary, Department of Human
Resources Development, Government of Bihar, Patna
2. The Secretary, Department of Human Resources Development,
Government of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The D.S.E., Gopalganj
5. The B.D.O. Panchdewri, Gopalganj
6. The Block Education Officer, Panchdewri Goplaganj
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Y.V.Giri, Sr. Adv.
Mr. Shailendra Kumar Singh, Adv.
For the Respondent/s : Mr. AC to AAG-10
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
12 14-03-2016Heard Sri Y.V. Giri, learned Senior Counsel, who was assisted by Sri Shailendra Kumar Singh, learned counsel for the Patna High Court CWJC No.7633 of 2011 (12) dt.14-03-2016 2/5 petitioners and learned AC to AAG-10.
In the present writ petition, the petitioners, who are eleven in number, have made a limited a prayer to direct the Respondents to strictly comply the order dated 08.10.2010 passed by the District Teachers Employment Appellate Authority, Gopalganj (hereinafter referred to as the "Appellate Authority) in Appeal case no.28/10 and direct the Respondents to make payment of arrear of salary, which is due since month of January, 2009. The petitioners have claimed that though the order of the appellate authority was passed in the year 2010 itself, the Respondent State never challenged the said order before any court or authority. According to learned Senior Counsel, now the order of the appellate authority has attained its finality and, as such, the said order is required to be implemented in its letter and spirit.
It has been argued that the appellate authority is the statutory body, constituted by the State Government and once the authority has passed order, until it is unsettled by the superior court or authority, the said order is required to be implemented.
In this case, a counter affidavit has been filed on behalf of Respondent no.6. However, in the counter affidavit it has not at all been stated as to whether the order of the appellate authority has been assailed or unsettled till date . However, a stand has been Patna High Court CWJC No.7633 of 2011 (12) dt.14-03-2016 3/5 taken that appointment of the petitioners was on the basis of forged certificate. Learned State Counsel admits that same stand was taken before the appellate authority. He further submits that though the appellate authority, while directing for payment of honorarium to the petitioners, had directed to constitute an enquiry committee and complete the same within four months, however till date neither any committee has been constituted nor any decision has been taken to terminate the services of the petitioners. Learned counsel for the State submits that since the appointment of the petitioners is itself illegal, the petitioners may not be entitled to get their honorarium/ emoluments.
Besides hearing learned counsel for the parties, I have also perused the materials available on record. Before proceeding further , the Court proposes to incorporate the direction of the appellate authority, which is quoted herein below:
"vr: mi;qDr rF;ska ,oa miyC/k lcwrska ds vk/kkj ij iz[kMa f"k{kk izlkj inkf/kdkjh iapnsojh dsk funsf"kr fd;k tkrk gS fd vihykFkhZ dk yfcar ekuns; dk HAaaqxrku vuqifLFkr fooj.kh ds vk/kkj ij dj nsus dh dkjZokbZ djsa k lkFk ghs esjk lq>ko gS fd o'kZ 2006 esa iz[kMa iapnsojh esa ftu f"k{kdska/ f"kf{kdkvska dh fu;qfDr dh x;h gSa,( vihykFkhZ lfgr) dk "kS{kf.kd/ iz"kS{kf.kd ,oa fuokl ds laca/k esa iz[kMa fu;sktu lfefr ds lHAh lnL;ska ds la;qDr gLrk{kj ls tkWp dh dkjZokbZ dh tkWp ,oa Patna High Court CWJC No.7633 of 2011 (12) dt.14-03-2016 4/5 mlesa okn gh ekuns; Hkqxrku vxyk fd;k tk; k vxj xyr ik;k tkrk gS rsk fof/kor fu;sktu j+}+ djrs gq, ljdkj ds funs"kska ds vuqlkj dkjZokbZ dh tk; k ijUrq ;g tkWp pkj efguska ds vUnj fuf"pr :i ls dj fy;k tk; k euekus rjhds ls fdlh dh uSkdjh ls gVkuk flQZ ukjktxh dsk tUe nsrk gS k"
On going through the aforesaid order, it appears that the appellate authority was also conscious regarding stand taken by the State on the question of appointment of the petitioners and this was the reason that the appellate authority, while directing for payment of honorarium, on the basis of absentee statements had directed to examine the legality of the appointment and take final decision within a period of four months.
Without going into the merit of the case, the Court is of the opinion that since the order dated 08.10.2010 was passed by a statutory body i.e. the appellate authority, in absence of challenging the said order or unsettling the said order, the said direction is required to be implemented without any further delay.
Accordingly, the writ petition stands disposed of with direction to all concerned to implement the order of the appellate authority within a period of eight weeks from the date of receipt/production of a copy of this order.
The writ petition stands disposed of with above Patna High Court CWJC No.7633 of 2011 (12) dt.14-03-2016 5/5 observation.
(Rakesh Kumar, J) NKS/-
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