Patna High Court - Orders
Prem Prakash Nirala & Ors vs The State Of Bihar & Ors on 1 August, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.602 of 2012
In
Civil Writ Jurisdiction Case No. 17307 of 2008
With
Interlocutory Application No. 3000 of 2012
In
Letters Patent Appeal No.602 of 2012
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1. Prem Prakash Nirala, Son of Sri Ganga Prasad Sah ,Resident of Village-
Armauli, P.S.-Bhatho, District-Samastipur
2. Shiv Kumar Paswan S/O Sri Ramu Paswan, Resident of Village-
Jagdishpur, P.S.-Bhatho, District-Samastipur
3. Manju Kumari D/O Daya Sah @ Gay Sah, W/O Sri Shambhu Prasad Sah
Resident of Village-Gunai Basahi, P.S. Tajpur, District-Samastipur
4. Sushma Kuamri D/O Sri Mahendra Prasad Chaurdhary @ Niranjan
Chaudhary, W/O Sri Ram Narayan Jha, Resident of Village-Udaipur, P.S.-
Sarairanjan, District-Samastipur
.... .... Appellants/Respondents
Versus
1. The State of Bihar through The Principal Secretary, Human Resources
Development Department, Government of Bihar, Patna
2. The District Superintendent of Education, Samastipur at Samastipur
3. The Block Development Officer, Block Sarairanja, District-Samastipur
4. The Block Education Officer, Block Sarairanjan, District-Samastipur
5. The Mukhiya, Gram Panchayat Raj, Manikpur, District-Samastipur
6. The Panchayat Secretary, Gram Panchayat Raj Manikpur, District-
Samastipur
7. The Member, District Teachers Employment Appellate Authority,
Samastipur
8. Manoj Paswan Son of Shree Suraj Paswan R/O Village-Jagdishpur, P.S.-
Ghatho, District-Samastipur
9. Poonam Kumari S/O Shree Suresh Prasad Singh R/O Village-Armauli,
P.S.-Ghatho, District-Samastipur
10. Samal Bihari Son of Late Ramchandra Sah R/O Village Armauli, P.S.-
Ghatho, District-Samastipur
11. Sudha Devi D/O Shree Prem Nath Singh R/O Village-Armauli, P.S.-
Patna High Court LPA No.602 of 2012 (4) dt.01-08-2014
2/3
Ghatho, District-Samastipur
.... .... Respondents/Petitioners
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Appearance :
For the Appellant/s : Mr. Rajiv Kumar Verma, Sr. Advocate
Mr. Nawal Kishor Singh, Advocate
For the State : Mr. Vijay Kumar Verma, AC to GA 3
For the Respondents : M/s U B Roy and Binit Kumar
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-08-2014Leave to amend the cause title.
This Appeal under clause 10 of the Letters Patent has been preferred by the respondent nos. 8 to 11 in CWJC No. 17307 of 2008 against the judgment and order dated 29th February 2012 passed by the learned Single Judge in CWJC No. 17307 of 2008.
The writ petitioners were appointed as Panchayat Teachers under the Gram Panchayat Manikpur, District Samastipur, pursuant to 2006 selection process. Their appointment came to be cancelled by the Mukhiya of the Gram Panchayat on 25th September 2008. The challenge to the said order dated 25th September 2008 before the District Teachers Employment Appellate Authority, Samastipur, was rejected on 18th August 2010. The challenge to the said order in above CWJC No. 17307 of 2008 has been upheld. The learned Single Judge has allowed the writ petition. The order of termination of service and the order dated 18th August 2010 made by the Appellate Authority are quashed. The petitioners have been directed to be reinstated in service. Therefore, this Appeal by the respondent nos. 8 to 11.
Learned counsel Mr. Rajiv Kumar Verma appears for Patna High Court LPA No.602 of 2012 (4) dt.01-08-2014 3/3 the appellants. He has strenuously urged that the termination of service of the writ petitioners was justified as they did not appear for counselling on the appointed day.
The finding recorded by the learned Single Judge is to the contrary. The learned Single Judge has also recorded finding that the writ petitioners were better qualified than the respondents, the present appellants.
In view of the finding recorded by the learned Single Judge, we see no merit in this Appeal. Appeal is dismissed in limine.
Interlocutory Application stands dismissed.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) mrl.
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