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2023 Supreme(Pat) 1120

IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY, J.
CWJC No.19593 of 2015
(5.12.2023)
Birendra Pandey & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates appeared:
For the Petitioners: M/s Chitranjan Sinha, Sr. Adv., Bajarangi Lal.
For the Respondents: M/s Manish Kumar, G.P.4., Manoj Kumar, A.C. to GP.4.

Headnote:

School Laws – Reinstatement/Salary – Pursuant to advertisement published with respect to appointment on post of teachers in Government Basic Schools – Petitioners being duly qualified and eligible made applications – Appointed by the competent authority – Petitioners joined as teachers and began to discharge their duties – Regional Deputy Director of Education was to consider case of petitioners – Required to give petitioners an opportunity of personal hearing before passing order on representation – Case of petitioners not been considered – Order only states that in investigation being carried out by vigilance petitioners did not produce evidence of their appointment being legal – Thus their appointment was forged and representation is rejected – No consideration whatsoever the case of petitioners nor is their compliance of the directions – Impugned order not sustainable and set aside – Matter remitted back to pass reasoned order within period of four months – Writ allowed. (Paras 3, 10 to 14)

Partha Sarthy, J.—Heard learned Senior counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant application for the following reliefs:—

“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the order as contained in memo no.484 dated 19.6.2015 passed and issued under the signature of the Regional Deputy Director of Education, Saran Division, Chapra, by which the claim of these petitioners for reinstatement, joining and payment of salary has been rejected without appreciating the facts and circumstances of the present case.

(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to reinstate the petitioners as assistant teacher in Govt. Basic Schools with all consequential benefits as the petitioners have been selected as assistant teachers after following all the procedure of legal and valid selection of appointment.

(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to reinstate the petitioners as assistant teacher in Govt. Basic Schools as the petitioners have been acquitted vide judgment and order dated 29.5.2010 from the alleged allegation of Mairwa Police Station Case No. 126 of 1992 by the learned Sub-Divisional Judicial Magistrate, Siwan in G.R.No. 2880 of 1992, Trial No. 1001 of 2010.

(iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to accept the joining of the petitioners in the respective Govt. Basic Schools without any further delay as the petitioners have discharged their duty since 7.2.1991 to 18.5.1992, but due to the aforesaid F.I.R. bearing Mairwa Police Station Case No.126 of 1992, the petitioners have not been allowed to discharge their duties but after acquittal from the aforesaid case the petitioners are entitled to be allowed to join in the respective schools as the petitioners have been selected after due interview having qualification of teacher's training which is the requisite qualification for selection of Govt. Basic School's teachers.

(v) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to allow the petitioners' service in continuance as there is no latch on the part of the petitioners.

(vi) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners will be found entitled in the facts and circumstances of the case.”

3. The case of the petitioners in brief are that pursuant to the advertisement published in the daily newspaper Aryawart on 8.8.1988 with respect to appointment on the post of teachers in the Government Basic Schools, the petitioners being duly qualified and eligible made their applications against the said advertisement. They appeared in the interview as directed and were appointed by the competent authority and the appointment letters have been brought on record as annexures to the writ application. The petitioners joined as teachers in the Government Basic School and began to discharge their duties.

4. Learned Senior counsel appearing for the petitioners submits that payment of salary of the petitioners having been stopped for no good reason, the petitioners represented before the respondent authorities. On the basis of an incorrect report even an FIR was registered against the petitioners being Mairwa P.S. Case no.126 of 1992, however, by judgment dated 29.5.2010 passed by the SDJM, Siwan, the petitioners were acquitted of the charges. Thereafter the petitioners filed their representations. On the same not having been disposed of, the petitioners filed CWJC no.13854 of 2011 in this Court. By order dated 8.8.2013 the writ application was disposed of directing the Regional Deputy Director of Education, Siwan Division Chapra to consider and d

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