#patnahighcourt Archives - Page 2 of 8

26 Jul

Patna High Court disposed of the present petition, reserving liberty to the petitioner to invoke statutory remedy of appeal

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TITLE: Narad Bind v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 5356/2017

Coram: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE JITENDRA KUMAR

Introduction:

The counsel for the opposing parties contended that the petitioner had a statutory right of appeal to the Appellate Authority.

Analysis of the court and decision:

The present petition is disposed of in light of the Order of 18.01.2020, passed in CWJC No. 3245 of 2017, which leaves the petitioner’s right to use the legal appeals process before the appellate authority open.

The appellate authority is hereby instructed to take account of Section 14 of the Limitation Act for the purpose of permitting a delay in filing an appeal and to proceed with the decision of the appeal within a reasonable amount of time in the event that a memorandum of appeal is filed before the appellate authority.

Accordingly, the writ petition is dismissed.

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Written by- Meghana D

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25 Jul

Patna High Court dismissed an appeal on the ground that the appellant did not satisfy the eligibility requirement for teachers training course

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TITLE: Mina Kumari v. The State of Bihar & Ors.

Decided on: 17-07-2023

LPA No: 493/2021

CWJC No: 17598/2019

Coram: HONOURABLE THE CHIEF JUSTICE and

HONOURABLE MR. JUSTICE PARTHA SARTHY

Facts of the case:

The current appeal has been filed in response to the order dated 30.7.2021 issued in C.W.J.C. no. 17598 of 2019.

In brief, the appellant completed her two-year teachers training course for the Session 1989-91 at Zakir Hussain Primary Teacher Training College in Sultanpur, Patna. The examinations were held in 2007 in accordance with the Hon’ble Supreme Court’s directions, and the results were announced in 2008.

Meanwhile, the respondents appointed teachers in accordance with the Bihar Special Primary Teacher Appointment Rules, 2010, Rule 4 of which stated that the candidates must have received their educational qualification prior to the cut-off date of 23.1.2006. Clause 5(2) of the Bihar Staff Selection Commission’s advertising stated unequivocally that the candidate must have completed the training course prior to 23.1.2006.

Analysis of the court and decision:

The learned single Judge, after hearing learned counsel for the parties, was pleased to dismiss the writ application on two grounds: first, that the appellant did not satisfy the eligibility requirement by not having obtained the teachers training qualification before the cut-off date of 23.1.2006, and second, that there was no justifiable explanation for the nine-year delay in filing the writ application, which was filed in the year 2019.

After reviewing the record, the Court concludes that the instant appeal is without merit.

Hence the appeal is dismissed.

Written by- Meghana D

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24 Jul

Patna High Court directs the respondent to pay the retiral dues to the petitioner within six weeks

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TITLE: Baidyanath Nayak v. The State of Bihar & Anr.

Decided on: 20-07-2023

CWJC No: 3594/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

Learned counsel appearing on behalf of the petitioner informs this Court that he has got instructions to prepare a thorough representation before the Commissioner, Madhubani Nagar Nigam for redressal of his grievance as alleged in the present writ petition.

Analysis of the court and decision:

The petitioner’s representation must be resolved within six weeks of verifying the petitioner’s records and providing the petitioner with a proper opportunity in accordance with law, and the concerned authority is also directed to make payment of the retiral dues admissible to the petitioner within the aforesaid period, along with the statutory interest.

The writ application is so dismissed.

Written by- Meghana D

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24 Jul

Patna High Court directed the Circle Officer to award adequate opportunity of hearing to the petitioner

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TITLE: Pawan Lal v. The State of Bihar & Ors.

Decided on: 24-07-2023

CWJC No: 1486/2023

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Facts of the case:

The current application has been filed to direct the respondents’ authorities to make corrections in the computerised jamabandi and also to dispose of the petitioner’s applications for parimarjan dated 19.01.2022 and 21.01.2022 submitted before respondent No.5, namely, the Circle Officer, Bihta, Patna.

According to the counsel for the petitioner, the land at Khata No. 39, Plot No. 120, Tauzi No. 3074 in Mauza – Bihta Srirampur was listed in the names of one Mahendra Lal and Yogendra Lal son of late Hridya Lal as Jamabandi No. 32/1. Learned counsel for the petitioner submits that this Jamabandi is dated 02.06.1986 and that after digitalization, it was recorded in the name of one Rajesh Lal son of the late Mahendra Lal rather than Pawan Lal son of the late Mahendra Lal, as evidenced by Annexures 1 and 2.

Analysis of the court and decision:

Respondent No.5, namely, the Circle Officer, Bihta, Patna, is instructed to make a decision on the petitioner’s plea after providing the petitioner with an appropriate opportunity to be heard within eight weeks of receipt/production of a copy of this judgement.

The writ petition is dismissed with the aforementioned observation and order.

Written by- Meghana D

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21 Jul

Patna High Court directed the Registrar to pay all admissible dues within six weeks

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TITLE: Sajjandhari Prasad Sinha & Anr. v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 15324/2022

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Introduction:

The learned counsel representing the Magadh University in Bodh Gaya notifies the petitioners that all retiral benefits owing to them under various heads have already been paid to them, and the money has also been credited to their bank account.

The petitioners may offer a detailed argument before the Registrar of Magadh University in Bodh Gaya for the payment of current interest up until the date that the retiral dues are paid if so recommended.

Analysis of the court and decision:

The Registrar of Magadh University in Bodh Gaya is required to decide on the petitioners’ representation within a six-week time frame, and any outstanding fees (including interest) must be paid during that time.

The writ petition is dismissed with the aforementioned observation and instruction, and the Registrar of Magadh University, Bodh Gaya, is instructed to handle the petitioner’s representation within six weeks of the representation’s filing date and to pay all admissible dues within the same time frame.

Written by- Meghana D

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