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Patna High Court - Orders

The Navodaya Vidyalaya Samiti (Nvs) vs Nitin Roy on 28 July, 2022

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Rajiv Roy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1221 of 2022
                 ======================================================
                 The Navodaya Vidyalaya Samiti (NVS) & Ors.

                                                                               ... ... Petitioner/s
                                                   Versus
                 Nitin Roy

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Siddhartha Prasad, Advocate
                 For the Respondent/s   :      Mr. Munna Pd Dixit (M.P. Dixit)
                                               Mr. S.K. Dixit, Advocate
                                               Mr. S.K. Choubey, Advocate
                                               Mrs. Swastika, Advocate
                                               Mr. Shailendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                         and
                         HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

3   28-07-2022

Heard I.A. No. 1 of 2022.

This Interlocutory Application is relating to impleading State Government as respondent no. 2.

Learned counsel for the petitioners submitted that State is a necessary party to assist in the matter for the reasons that petitioner's spouse is working as a Panchayat Teacher in particular Panchayat in that event whether the petitioner would come under the State Government or not so as to examine the relevant clause in the Transfer Guidelines like "State Government Spouse (to be given priority after NVS and Central Government spouse where one employee is in NVS while the other is in State Government)."

Patna High Court CWJC No.1221 of 2022(3) dt.28-07-2022 2/2 For the reasons stated in the application and affidavit notice is issued to the proposed Respondent-State of Bihar.

Learned counsel for the petitioners is hereby directed to serve a copy of the petition as well as Interlocutory Application copy to proposed respondent-State of Bihar. Petitioners counsel is also directed to serve copy of the writ petition & I.A. in the Office of the leaned Advocate General, State of Bihar. The proposed respondent no. 2 is hereby directed to file counter affidavit before the next date of hearing.

Mr. M.P. Dixit, learned counsel appearing in respect of contesting respondent intends to file counter affidavit. He is permitted to file counter affidavit, if any.

Relist I.A. for impleading and main matter on 25.08.2022.

(P. B. Bajanthri, J) (Rajiv Roy, J) Vikash/-

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