LAWS(PAT)-2016-7-181

SMT. MALTI DEVI, WIFE OF SRI SHIV JATAN PRASAD AND DAUGHTER OF LATE HARINANDAN SINHA, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

Decided On July 11, 2016
Smt. Malti Devi, wife of Sri Shiv Jatan Prasad and daughter of late Harinandan Sinha, resident of village Appellant
V/S
The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present intra-court appeal under Clause X of the Letters Patent of Patna High Court is directed against the order dated 26th Nov., 2014 passed by the learned Single Bench by which C.W.J.C. No. 16471 of 2010 filed by the appellant has been dismissed.

(3.) The appellant claims to have been appointed as an Assistant Teacher in Project Girls High School, Harnaut in the district of Nalanda in the year 1984. She further claims to have been given appointment on the post of Assistant Teacher in the subject of Music on the basis of possessing Diploma in Music and later on claims to have enhanced her qualification to that of Prabhakar in Music. The appellant having not been confirmed on the post of Music Teacher in the school in question filed C.W.J.C. No. 853 of 2001 which was disposed off on 08.04.2009 directing the Director, Secondary Education to take decision with regard to the claim of the appellant. The same resulted in order issued under Memo No. 209 dated 05.05.2010 rejecting the appellant's prayer for recognition of her service as Music Teacher which was impugned in C.W.J.C. No. 16471 of 2010. The writ petition having been dismissed on 26.11.2014 has given rise to the present appeal.