Patna High Court - Orders
Krishna Nand Gupta vs The State Of Bihar & Ors on 24 January, 2014
Author: Shailesh Kumar Sinha
Bench: Shailesh Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2846 of 2010
======================================================
1. Lal Mani Singh S/O Late Padma Nand Singh R/O Dighi, P.S.- Murliganj,
Distt.- Madhepura
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Human Resource
Development Deptt. Govt. Of Bihar, Patna
2. The Director ( Primary Education ) Human Resource Development
Deptt. Govt. Of Bihar, Patna
3. The District Education Establishment Committee Null Purnia, Through
Its Chairman And District Magistrate, Purnia
4. The District Education Officer Purnia
5. The District Superintendent Of Education Purnia
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.4121 of 2010
======================================================
1. Masud Ahmad S/O S.K Shamsuddin R/O Village - Mobaiya, P.S- Baisi,
District- Purnea At Present Posted As Assistant Teacher Cum Incharge
Headmaster , Middle School Chopra, Baisi, Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its The Special Secretary Cum
Commissioner Human Resources Development Department Government
Of Bihar, New Secretariat , Patna
2. The Director Primary Education Human Resources Development
Department Department , Government Of Bihar , New Secretariat , Patna
3. The District Magistrate Purnea Cum Chairman District Education
Establishment Committee, Purnea
4. The District Establishment Committee Purnea
5. The District Superintendent Of Education, Purnea
6. The Treasury Officer, Purnea
7. The Block Education Extension Officer, Baisi, District - Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8499 of 2010
======================================================
1. Md.Ghazanfar Hussain S/O Late Md. Ahmad Hussain Headmaster ,
Adarsh Middle School, Palasi, P.S.Palasi, Distt-Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate Araria
2
3. The District Magistrate Purnea
4. The District Superintendent Of Education Araria
5. The District Superintendent Of Education Purnea
6. The District Education Establishment Committee Araria Through Its
Secretary, Namely District Superintendent Of Education Null Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8687 of 2010
======================================================
1. Md. Haroon Akhtar S/O Late Md. Yasin R/O Vill.- Gaiyaris, Distt.-
Araria, At Present Posted As Science Teacher Middle School, Kuseyar
Gaon, Araria
2. Md. Qamrul Hoda S/O Late Aninuddin Ahmad R/O Mohalla- Line
Bazar, Distt.- Purnia, At Present Posted As Incharge Headmaster In Middle
School Paktola, Via- Garhbanile, Distt.- Araria
3. Md. Hadis S/O Late Md. Ibrahim R/O Vill.- Jhuni Islambazar, P.O.- Bela
Rakabganj, P.S.- K.Nagar, Distt.- Purnia, At Present Posted Md. Hadis
Middle School Jokihat, Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its The Special Secretary Cum
Commissioner, Human Resources Development Department, Govt. Of
Bihar, New Secretariate, Patna
2. The Director, Primary Education Human Resources Development
Department, Govt. Of Bihar, New Secretariate, Patna
3. The District Magistrate-Cum-Chairman District Education Establishment
Committee, Araria
4. The District Establishment Committee, Araria
5. The District Superintendent Of Education, Araria
6. The District Superintendent Of Education, Purnia
7. The Treasury Officer, Araria
8. The Areas Education Officer, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8469 of 2010
======================================================
1. Neaz Amad S/O Late Gulam Rasool Headmaster, Adarsh Middle School,
Nandanpur, Mirjapur, P.S. Bausi Basaithi, Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate Araria
3. The District Magistrate Purnea
4. The District Superintendent Of Education Araria
5. The District Superintendent Of Education, Purnea
6. The District Education Establishment Committee Araria, Through Its
3
Secretary, Namely District Superintendent Of Education, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8454 of 2010
======================================================
1. Rup Lal Rajak S/O Late Miri Lal Rajak R/O Vill.- Pipra, P.S. Amour,
Distt.- Purnea, At Present Posted As Headmaster Of Middle School Khaira,
Narpatganj, Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Director, Primary Education Govt. Of Bihar, Patna
3. The Regional Deputy Director Of Education Purnea, Distt.- Purnea
4. District Magistrate, Araria, Distt.- Araria
5. District Superintendent Of Education Araria, Distt.- Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11267 of 2010
======================================================
1. Md. Kalimuddin S/O Late Abdul Wahab R/O Vill.- Veer Nagar, P.O.
Veer Nagar, P.S. Bhargam, Distt.- Araria, At Present Posted As Incharge
Head Master, Middle School, Veer Nagar, P.S. Bhargama, Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Special Secretary-Cum-Commissioner
Human Resources Development Department, Government Of Bihar, New
Secretariat, Patna
2. The Director, Primary Education Human Resources Development
Department, Government Of Bihar, New Secretariat, Patna
3. The District Magistrate-Cum-Chairman District Education Establishment
Committee, Araria, Distt.- Araria
4. The District Establishment Committee, Araria, Distt.- Araria, Through
D.M., Araria
5. The District Superintendent Of Education (D.S.E.) Araria, Distt.- Araria
6. The District Superintendent Of Education Purnea, Distt.- Purnea
7. The Treasury Officer, Araria
8. The Area Education Officer, Bhargama, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8461 of 2010
======================================================
1. Md. Yunus S/O Late Shaikh Ferzand Ali Headmaster, Middle School,
Karbala Dhatta, Forbisganj, P.S. Forbisganj, Distt.- Araria
4
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Araria
3. The District Magistrate Purnea
4. The District Superintendent Of Education Araria
5. The District Superintendent Of Education, Purnea
6. The District Education Establishment Committee, Araria Through Its
Secretary Namely District Superintendent Of Education, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.2458 of 2010
======================================================
1. Anil Kumar Singh S/O Late Balram Singh R/O Vill/Moh- B.F. Parisor,
Rajput Tol, P.S- Banmankhi Distt- Purnea At Present Posted As
Headmaster Pannalal Baidh Girls Middle School, Banmankhi, Distt- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its The Special Secretary Cum
Commissioner Human Resources Development Department, Govt. Of
Bihar, New Secretariat, Patna
2. The Director, Primary Education Human Resources Development
Department, Govt. Of Bihar, New Secretariat, Patna
3. The District Magistrate Cum Chairman District Education
Establishment Committee, Purnea
4. The District Establishment Committee, Purnea
5. The District Superintendent Of Education, Purnea
6. The Treasury Officer, Purnea
7. The Block Education Officer, Banmankhi, Distt- Purena
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.2817 of 2010
======================================================
1. Moti Prasad Singh S/O Sri Jai Narayan Singh R/O Vill- Kasamra, P.S-
Dhamdaha, Distt- Purnea At Present Posted As B.A Trained Teacher In
Middle School, Kasamra, P.S- Dhamdaha, Distt- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar The Secretary, Primary And Public Education
Department, Govt.Of Bihar, Patna
2. Director, Primary Education, Human Resources Development
Department, Govt.Of Bihar, Patna
3. Ditrict Magistrate-Cum-Chairman District Education Establishment
Committee
4. District Superintendent Of Education, Purnea
5. Block Education Extension Officer, Dhamdaha, Purnea
5
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.2946 of 2010
======================================================
1. Ramendra Kumar Jha S/O Late Jay Narayan Jha R/O Vill.- Shailnath
Rupauli, P.S.- Jankinagar, Distt.- Purnea
2. Parmeshwar Mishra S/O Late Basuddhar Mishra R/O Vill.- Rasadh, P.S.-
Banmankhi, Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Human Resources Development Department,
Govt. Of Bihar, Patna
3. The Director Primary Education, Human Resources Development
Department, Govt. Of Bihar, Patna
4. The District Magistrate Purnea
5. The Regional Deputy Director Of Education Purnea Division, Purnea
6. The District Superintendent Of Education Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.4267 of 2010
======================================================
1. Anima Kumari D/O Sri Praphul Ranjan Majumdar R/O Village + P.O.-
Bhabanipur, Distt.- Purnia At Present Working As An Assistant Teacher In
Middle School, Khajanchi Hat Sadar, P.S.- Sadar Purnia, Distt.- Purnia
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Director Primary Education, Government Of Bihar, Patna
3. The District Officer-Cum-Chairman District Establishment Committee,
Purnea, Distt.- Purnea
4. The District Superintendent Of Education-Cum-Secretary District
Education Establishment Committee, Purnea, Distt.- Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.5250 of 2010
======================================================
1. Prakash Mishra S/O Late Yadu Nath Mishra R/O Vill.- Jhalari, P.S.-
Rupauli, Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Human Resources Development Department,
6
Government Of Bihar, Patna
3. The Secretary, Primary Education Human Resources Development
Department, Government Of Bihar, Patna
4. The Director, Primary Education Human Resources Development
Department, Government Of Bihar, Patna
5. The District Education Establishment Committee, Purnea Through The
District Magistrate, Purnea
6. The District Magistrate, Purnea
7. The District Superintendent Of Education, Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.4115 of 2010
======================================================
1. Mahamaya Prasad S/O Sri Mukund Lal R/O Rama Niwas, Rama Vihar,
Near Old Taxi Stand In Purnea Town , P.S- K. Hat, District- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary Human Resources Development, Department,
Government Of Bihar, Patna
3. Director Primary Education, Human Resources Dvelopment
Department, Government Of Bihar, Patna
4. District Education Establishment Committee Through District Magistrate
,Purnea
5. District Magistrate Purnea
6. District Superintendent Of Education Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8853 of 2010
======================================================
1. Rajendra Prasad Singh S/O Sri Sita Ram Singh R/O Village + P.O.
Belsara, P.S.- Raniganj, Distt.- Arariya, At Present Posted As Headmaster,
Aadersh Middle School, Arariya, Mirzapur
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Primary Education Government Of Bihar, Patna
3. The District Education Establishment Committee Purnea, Through Its
Chairman, District Development Commissioner, Purnea
4. The District Superintendent Of Education Purnea, Bihar
5. The District Education Establishment Committee Arariya, Through Its
Chairman, Deputy Development Commissioner, Arariya, Bihar
6. The District Superintendent Of Education Arariya, Bihar
.... .... Respondent/s
======================================================
7
with
Civil Writ Jurisdiction Case No.8711 of 2010
======================================================
1. Chandreshwari Prasad Yadav S/O Late Kunj Bihari Yadav R/O Vill
&P.O.Raghunathpur, P.S.Bhargama, Distt-Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretary, Human Resource
Development Department Government Of Bihar, Patna
2. The Director (Primary Education ), Human Resource Development
Department Government Of Bihar, Patna
3. The District Education Establishment Committee, Araria Through Its
Chairman , District Magistrate Araria
4. The District Education Establishment Committee , Purnia Through Its
Chairman, District Magistrate Purnia
5. The District Education Officer Araria
6. The District Superintendent Of Education Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3768 of 2010
======================================================
1. Smt. Ahilya Devi W/O Sri Rajendra Poddar 'Madhukar' At Present
Residing At Mohalla- Sipahitola, Chunapur Road, P.S. K. Hat And Distt.
Purnia And Posted As Graduate Trained Teacher Middle School Bimsganj
Madhubani, P.S. K. Hat And Distt.- Purnia
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna
3. The Director, Primary Education Human Resources Development
Department, Government Of Bihar, Patna
4. The District Education Establishment Committee Through The District
Magistrate Purnia
5. The District Magistrate Purnia
6. The District Superintendent Of Education Purnia
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8437 of 2010
======================================================
1. Rabindranath Gupta S/O Late Vijay Kumar Gupta Headmaster Of Middle
School, Rajokhar, P.S. And Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar
8
2. The District Magistrate, Araria
3. The District Magistrate, Purnea
4. The District Superintendent Of Education, Araria
5. The District Superintendent Of Education, Purnea
6. The District Education Establishment Committee, Araria Through Its
Secretary Namely District Superintendent Of Education, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8446 of 2010
======================================================
1. Mohammad Shamim Akhtar S/O Late Mohammad Iliyas Headmaster,
Adarsh Middle School, Jokihat, P.S. Jokihat, Distt.- Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Araria
3. The District Magistrate, Purnea
4. The District Superintendent Of Education, Araria
5. The District Superintendent Of Education, Purnea
6. The District Education Establishment Committee, Araria Through Its
Secretary Namely District Superintendent Of Education, Araria
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.8355 of 2010
======================================================
1. Md.Tajuddin S/O Late Sk. Ehsan Ali R/O Vill Mainapur, P.S.Araria,
Distt-Araria, At Present Posted As Head Master Middle School Sikty,
Araria
.... .... Petitioner/s
Versus
1. The State Of Bihar Through It'S The Special Secretary Cum
Commissioner, Human Resources Development Department Govt. Of
Bihar, New Secretariat, Patna
2. The Director , Primary Education Human Resources Development
Department Govt. Of Bihar, New Secretariat, Patna
3. The District Magistrate Cum Chairman , District Education
Establishment Committee Null Araria
4. The District Establishment Committee Araria
5. The District Superintendent Of Education Araria
6. The District Superintendent Of Education Purnea
7. The Treasury Officer Araria
8. The Area Education Officer Sikty, Distt-Arariai
.... .... Respondent/s
======================================================
with
9
Civil Writ Jurisdiction Case No.17854 of 2009
======================================================
1. Subodh Kumar Yadav S/O Late Laxmi Narayan Yadav R/O Vill.-
Bathnaha, P.O.- Chopra Ramnagar, P.S.- Janki Nagar, Distt.- Purnea
2. Kamlendra Prasad S/O Sri Jadish Lal Das R/O Village + P.O.- Dharhara,
P.S.- Banmankhi, Distt.- Purnia
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Human Resources
Development Department, Vikash Bhawan, Patna
2. The Principal Secretary Human Resources Development Department,
Govt. Of Bihar, Vikash Bhawan, Patna
3. The Director Primary Education, Govt. Of Bihar, Patna
4. The District Officer - Cum - Chairman District Establishment
Committee, Purnea, Distt.- Purnea
5. The District Superintendent Of Education - Cum - Secretary District
Education Establishment Committee, Purnea, Distt.- Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.16502 of 2009
======================================================
1. Ashok Kumar Singh S/O Late Rameshwar Prasad Singh, At Present
Working As Science Teacher In Middle School, Orahi, Govindpur, Anchal
+P.S- B. Kothi, Distt- Purnea
2. Moijur Rahman, S/O Late Md. Saiddur Rahman At Present Working As
Science Teacher In Middle School Bangrora, Anchal +P.S- Bayasi, Distt-
Purnea
3. Shyamanand Yadav, S/O Late Dashrath Yadav, At Present Working As
Science Teacher In Adarsh Middle School, Chunapur, Block +P.S- K.
Nagar, Distt- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Education Of Establishment Committee, Through District
Magistrate, Purnea
3. The District Superintendent Of Education, Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.9040 of 2010
======================================================
1. Gajendra Kumar Mandal, S/O Late Fuch Lal Mandal, Village
Laxmipur,Ghiridhar,Arajpur,P.S. Rupauli,District- Purnea.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
10
2. Director, Primary Education, Govt. Of Bihar, Patna.
3. The Regional Deputy Director Of Education, Purnea,District Purnea.
4. District Magistrate Araria,District Araria.
5. District Superintendent Of Education, Araria, District Araria.
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.2911 of 2010
======================================================
1. Bimal Kishore Singh @ Vimal Kishore Singh S/O Late Umeshwar
Prasad Singh R/O Vill.- Kajhi, P.O. Kajhi, P.S. Banmankhi, Distt.- Purnia
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Director (Primary Education) Human Resource Development
Department, Government Of Bihar, Patna
3. The District Education Establishment Committee Through Its Chairman
District Magistrate Purnia
4. The District Education Officer Purnia
5. The District Superintendent Of Education Purnia
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3116 of 2010
======================================================
1. Vishnudeo Sharma S/O Late Bhelu Lal Sharma R/O Vill.- Bhutha
Shaidpur, P.S.- Baisi, Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Deptt. Of Human
Resources Development, Govt. Of Bihar, Patna
2. The Director, Primary Education Deptt., Govt. Of Bihar, Patna
3. The Regional Deputy Director Of Education, Purnea, Distt.- Purnea
4. The District Education Establishment Committee, Purnea Through Its
Secretary Namely The District Superintendent Of Education, Purnea
5. The District Superintendent Of Education, Purnea, Distt.- Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3164 of 2010
======================================================
1. Krishna Nand Gupta S/O Sri Nathan Sah R/O Vill.- Basudeopur, P.O.-
Barhara, P.S.- Barhara Kothi, Distt.- Purnia, At Present Posted As
Headmaster In Adarsh Middle School, Magurjan, Barhara Kothi Anchal,
Distt.- Purnia
.... .... Petitioner/s
11
Versus
1. The State Of Bihar
2. Director Primary Education Govt. Of Bihar, Patna
3. District Magistrate Purnia Distt.- Purnia
4. District Superintendent Of Education, Purnia Distt.- Purnia
5. Area Education Officer, Banmankhi Purnia, Distt.- Purnia
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3645 of 2010
======================================================
1. Ganga Prasad Verma S/O Late Singheshwar Prasad Verma R/O Mohalla-
Anandpuri, Ashram Road, P.S.- K.Hat, Distt.- Purnea, At Present Posted As
Head Master, Middle School, Dagarua, Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar The Secretary, Primary And Public Education Deptt.,
Govt. Of Bihar, Patna
2. Director, Primary Education, Human Resources Development Deptt.,
Govt. Of Bihar, Patna
3. District Magistrate-Cum-Chairman, District Education Establishment
Committee
4. District Superintendent Of Education, Purnea
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.3536 of 2010
======================================================
1. Bisheshwar Prasad Singh S/O Sri Singheshwar Prasad Singh R/O Village
& P.O.- Ramdiri, P.S.- Matihani (Now Begusarai), Distt.- Begusarai, At
Present Residing At Jai Prakash Colony, Madhubani, P.S.- Khajanchi Haat,
Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna
3. The Director, Primary Education Human Resources Development
Department, Government Of Bihar, Patna
4. The District Education Establishment Committee Through The District
Magistrate Purnea
5. The District Magistrate Purnea
6. The District Superintendent Of Education Purnea
.... .... Respondent/s
======================================================
with
12
Civil Writ Jurisdiction Case No.3750 of 2010
======================================================
1. Suchit Kumar Yadav S/O Shiv Nandan Yadav R/O Vill.- Champa Braily,
P.S.- Baisi, Now Dagarua, Distt.- Purnea, At Present Posted As Headmaster
At Middle School, Mathaur, Dagarua, Distt.- Purnea
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna
3. Director, Primary Education Human Resources Development
Department, Government Of Bihar, Patna
4. District Education Establishment Committee Through District Magistrate
Purnea
5. District Magistrate Purnea
6. District Superintendent Of Education Purnea
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.2846 of 2010)
For the Petitioner/s : Mr. Tez Bahadur Singh, Sr. Advocate
Mr. Gyan Shankar, Advocate
Mr. Brajesh Kumar, Advocate
Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr. Bijay Kumar Pandey AC to GP -20
Mr. Dinbandhu Singh, GP-9
(In CWJC No.4121 of 2010)
For the Petitioner/s : Mr. Md.Sufiyan, Advocate
For the Respondent/s : Dr. Bipin Chandra, AC to AAG - XI
Mr. Ashok Kumar Keshri, AAG -XI
(In CWJC No.8499 of 2010)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
Mr. Navjot Yeshu, Advocate
Mr. Rakesh Kr.Singh, Advocate
For the Respondent/s : Mr. Pravin Kumar Verma,AC to SC 16
(In CWJC No.8687 of 2010)
For the Petitioner/s : Mr. Rajendra Pd. Singh, Sr. Advocate
Mr. Sanjay Kumar Singh
For the Respondent/s : Mr. S. Raza Ahmad, Sr. Advocate, AAG -IX
Mr. Vishwambhar Prasad, AC to AAG - IX
(In CWJC No.8469 of 2010)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
Mr. Navjot Yeshu, Advocate
Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : S.C. -4
13
(In CWJC No.8454 of 2010)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
Mr. Harish Chandra Patel, Advocate
For the Respondent/s : AC to GP -4
(In CWJC No.11267 of 2010)
For the Petitioner/s : Mr. M.Z.Quamar, Advocate
For the Respondent/s : Mr. Ashish Kumar Lal, AC to SC XI
(In CWJC No.8461 of 2010)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. (S.C-20)
(In CWJC No.2458 of 2010)
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. (S.C-2)
(In CWJC No.2817 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
For the Respondent/s : Mr. (G.P-10)
(In CWJC No.2946 of 2010)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
Mr. Rakesh Kumar Singh, Advocate
Mr. Nawal Kishore Singh, Advocate.
For the Respondent/s : Mr. (G.P-10)
(In CWJC No.4267 of 2010)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. (S.C-22)
(In CWJC No.5250 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
For the Respondent/s : Mr. (G.A-5)
(In CWJC No.4115 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
For the Respondent/s : Mr. (S.C-5)
(In CWJC No.8853 of 2010)
For the Petitioner/s : Mr. Gyan Shankar, Advocate
Mr. Brajesh Kumar, Advocate
Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr. Vinod Kumar, AC to SC 12
(In CWJC No.8711 of 2010)
For the Petitioner/s : Mr. Gyan Shankar, Advocate
Mr. Brisketu Sharan Panday, Advocate
Mr. Brajesh Kumar, Advocate
For the Respondent/s : Mr. Anirudh Mishra, AC to GP -13
(In CWJC No.3768 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
Mr. Rama Nand Poddar, Advocate
14
For the Respondent/s : Mr. (G.P-11)
(In CWJC No.8437 of 2010)
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
Mr. Navjot Yeshu, Advocate
Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. Rakesh Kumar, SC -21
Mr. Arun Kumar Sinha, AC to SC -21
(In CWJC No.8446 of 2010)
For the Petitioner/s : Mr. Rajendra Pd. Singh, Sr. Advocate
Mr. Rajeev Kumar Singh, Advocate
Mr. Navjot Yeshu, Advocate
Mr. Rakesh Kumar Singh, Advocate
Mr. Mukesh Kr. Singh, Advocate
Mr. Ramakant Singh, Advocate
For the Respondent/s : Sri Amarnath Deo,
Mr. Girja Shankar Prasad, G.P. -1
Mr. Sushil Kumar Singh, AC to GP -1
Mr. Umesh Kumar, AC to GP -1
(In CWJC No.8355 of 2010)
For the Petitioner/s : Mr. Ramesh Kumar Singh
For the Respondent/s : Mr. (AAG-2)
(In CWJC No.17854 of 2009)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
Mr. Shankar Kumar, Advocate
For the Respondent/s : Mrs. Hansa Raj, AC to SC -17
(In CWJC No.16502 of 2009)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
Mr. Shyama Kant Singh, Advocate
For the Respondent/s : Mr. (S.C-11)
(In CWJC No.9040 of 2010)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
Mr. Harish Chandra Patel, Advocate
For the Respondent/s : AC to GP -5
(In CWJC No.2911 of 2010)
For the Petitioner/s : Mr. Gyan Shankar, Advocate
Mr. Brajesh Kumar, Advocate
Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, GP -14
Mr. Balram Kapri, AC to GP -14
(In CWJC No.3116 of 2010)
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
Mr. Upendra Yadav, Advocate
Mr. Manoj Kumar Gupta, Advocate
15
For the Respondent/s : Mr. M.N. Roy, Advocate
Mr. S.K. Mallick, AC to SC 25
(In CWJC No.3164 of 2010)
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
For the Respondent/s : Mr. (S.C-4)
(In CWJC No.3645 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
For the Respondent/s : Mr. H.P. Singh, G.A. - 8
Mr. Pankaj Kumar, AC to GA -8
(In CWJC No.3536 of 2010)
For the Petitioner/s : Mr. Sheo Nandan Mishra, Advocate
For the Respondent/s : Mr. (G.A-7)
(In CWJC No.3750 of 2010)
For the Petitioner/s : Mr. Gyanand Roy, Advocate
Mr. Sheo Nandan Mishra, Advocate
Mr. Rama Nand Poddar, Advocate
For the Respondent/s :
Mr. Ashok Kumar Keshri, AAG-10
Mr. Dinbandhu Singh, GP -9
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CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR
SINHA
C.A.V ORDER
15. 24.01.2014In above batch of writ applications the common challenge is to the demotion/reversion of the petitioners from the post of Head Master/In-charge Head Master/B.Ed. Scale of pay to the pay scale of Assistant Teacher in the respective schools upon cancelling their promotions to the aforesaid position.
In view of the above, it is not necessary to deal with all the facts of each case separately.
The consideration is as to whether the cancellation of promotion/grant of B.Ed. scale/Head Master is legal and can be sustained in law.
On behalf of the petitioners, it was commonly 16 contended that they were eligible to be promoted/the grant of B.Ed. Trained Scale of pay as the orders were validly passed by the competent authority i.e. District Superintendent of Education. Petitioners continued on the promoted post/scale for more than 20 years in the respective schools and received the promotional benefits and a good numbers of them have since now retired from the service. It was next contended that the ground mentioned in the impugned orders are not sustainable inasmuch as those suffers from vagueness. Although there is no specific details of the circulars, alleged to have been violated while granting the promotional scale of pay/promotion, although, a reference to the circular alleged to have not followed, as mentioned in the counter affidavit filed on behalf of the State i.e. Circular No. 2440 dated 18.12.1984 (Annexure -A to CWJC NO. 2817 of 2010). Similar circulars were struck down by a full Bench decision of this court in the case of Krishnadeo Mishra Versus State of Bihar & Ors. as reported in 1987 PLJR Page 854 for being issued under Section 8 of the Bihar Non-Government Elementary School (Taking over of Control ) Act, 1976 circumventing the framing statutory rule under Section 7 of the said Act, with the result, the District Superintendent of Education remained the competent authority to grant promotion, as such, the concerned District Superintendent of Education was legally competent authority to grant of such promotion. This apart, the other grounds like 17 violating the principle of seniority and not following the reservation policy could not be a valid ground in absence of any gradation list prepared by the State Government even temporarily as directed by a Division Bench of this court vide judgement dated 17.08.1992 passed in C.W.J.C. No. 4284 of 1991 (Md. Tarique Alam & Anrs. with analogous cases) while quashing the order cancelling the promotions (Annexure- 6 to the CWJC NO. 4121 of 2006), it was directed to pass fresh order after complying the Principal of Natural Justice. The aforesaid decision was reiterated in another batch of cases vide order dated 19th of April 2006 (Annexure- 15 of CWJC No. 2846 of 2010) passed in CWJC No. 10053 of 2004 ( (Md. Idris & Anr. with analogous cases) reported in 2006 (2) PLJR 531 whereby the direction to comply the directions given in the case of Md. Tarique Alam was reiterated and pending compliance the impugned order shall not be implemented and status quo to be maintained.
It was accordingly in sum and substance contended that the impugned orders were passed without observing the above directions of this court. No hearing as directed by this court as above to the concerned teachers was provided. The reply to the show cause was not considered and impugned orders came to be passed. The impugned order is most cryptic and stereo type order without even referring to the ingredients of the show cause notice and the reply by the concerned 18 teachers as also their consideration and as such, the order suffers from serious illegality, deserves to be quashed.
On behalf of the State, counter affidavit has been filed and it was primarily submitted that petitioners were not eligible to get the promotion, moreover, the orders were passed by incompetent authority. In view of the circular no. 2440 dated 18.12.1984, the competent authority was the District Establishment Committee and not the District Superintendent of Education. Moreover, as per the subsequent statutory Rule i.e. Bihar Taken Over Elementary School Teachers Promotion Rules, 1993, the District Establishment Committee was the competent authority to grant the promotion, in question, and the said rule was made effective retrospectively with effect from 1986 and as such, the order of promotion being passed not by the competent authority was rightly recalled. Besides the above, while granting the promotion inter-se-seniority of assistant teachers as also the reservation policy were not considered with the result, the promotion granted to the petitioners suffers from serious illegality and as such, the impugned order cancelling the promotion was legal, valid and justified even though the petitioners may have continued in the higher scale for long. It was further contended that while the matter was remitted back by this court, it was for the concerned teachers to satisfy the authority that they were validly promoted in view of the stand of the State that 19 petitioners were illegally promoted by incompetent authority.
Considering the submissions of the parties, it would appear that primary contentions raised on behalf of the petitioners they were promoted/granted the higher pay scale by the District Superintendent of Education who was the competent authority, as such, their promotion was legal and valid besides the impugned orders suffer from serious violation of principles of natural justice since they were neither heard in person nor their reply to the show cause notice was considered at all as it would be evident from the impugned order that no ingredients of the show cause notice or the reply were dealt with while cancelling the promotion/benefit of the scale of B.Ed. Trained availed by the petitioners for about 20 years. On behalf of the State, the stand is that order granting promotion since was not passed by the District Establishment Committee, the same cannot stand in law. It would appear that the circular no. 2440 dated 18.12.1984 relied upon by the State prescribing that the District Establishment Committee to be the competent authority could not have been acted upon, in view of the full bench decision of this court reported in 1987 PLJR Page 854 whereby the similar circular was struck down for the reasons noticed above.
The statutory rule of 1993 is not applicable for being not retrospective since it is deemed to have came into effect from 1st of January, 1986 and the promotion, in question, were 20 allowed before the above Rule came into force. Besides the above, this court directed for preparation of the gradation list and pending final preparation, the temporary gradation list was directed to be prepared so that the inter-se-seniority of the Assistant Teachers could be verified. Admittedly, no final gradation list/temporary have been brought on the record, as such, in absence of seniority list, the violation of inter se seniority does not stand to reasons since there is no seniority list. The question of not following the reservation policy also cannot be sustained since no roster point could be fixed in absence of seniority list. This apart, the contention of the petitioners that the impugned orders suffers from principal of natural justice cannot be brushed aside. The petitioners have served on the post for long years and their promotion cannot be cancelled in a casual manner without providing adequate opportunity of hearing considering their individual cases properly since it has no serious civil and evil consequence. The impugned orders must reveal the ingredients of the show cause notice and the reply by the concerned teachers and thereafter, only orders ought to have been passed and if demanded they should had been given the personal hearing. The order should had been passed after due application of mind which must appear from the impugned order itself and not through the counter affidavit. There is another aspect of the matter that by now a good number of petitioners have stood retired. The order 21 directing for refund of salary availed by them for the duty discharged by them on the promoted pay scale or on the post of in-charge Head Master, cannot be permitted in law. Moreover, the teachers were promoted and have rendered their service on the post to which they were promoted, the State has availed their services. The petitioners cannot be directed to refund the salary availed by them for the work discharged by them due to the promotion/higher pay scale.
For the reasons and discussions made above, the impugned order cancelling the promotion of the petitioner and reverting them as an Assistant Teacher with a direction to refund the salary availed by them for long due to their promotion/benefit of B.Ed. Trained Scale of pay cannot be sustained in law. The respective impugned orders of reversion/ withdrawing the higher scale of pay with respect to the concerned petitioners of the above writ applications are accordingly quashed.
The writ application stands allowed as above. No cost.
(Shailesh Kumar Sinha, J) Patna High Court, Patna A.F.R./Jagdish/-