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SANJEEV PRAKASH SHARMA
Suresh Ram S/o Late Ugras Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SANJEEV PRAKASH SHARMA, J.
1. The petitioners in the present writ petition pray for grant of Matric Trained Pay Scale. They are in service teachers appointed on regular basis.
2. A pointed query was raised to the counsels whether the appellate authority appointed under the Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal and Appeal) Rules, 2020) would be having jurisdiction to examine the grievance raised by the petitioner and redress the grievance and the case be sent to the Tribunal for adjudication on merits. In other cases too, which are before this Court claiming for pay scale, promotions etc. similar issue would require to be similarly adjudicated.
3. In order to examine the aforesaid issue, it would be appropriate to consider to the position of rules in relation to constitutional powers and scope of the appellate authorities, who can examine and adjudicate on the factual aspects.
4. In exercise of powers under Articles 162 and 243 of the Constitution of India and under Sections 47 and 146 of the Bihar Panchayat Raj Act with Section 419 of the Bihar Municipal Act 2007 and Section 38 of Right of Children to Free and Compulsory Education Act, 200
The District Teachers Employment Appellate Authority lacked jurisdiction to review its final orders, affirming that review power must be explicitly granted by statute. Any review attempt was invalid ....
The District Teachers Employment Appellate Authority cannot review its final decisions unless expressly authorized by statute.
The State Appellate Authority can hear appeals against interim orders of the District Appellate Authority, ensuring proper verification of documents before employment termination.
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