LAWS(PAT)-2016-4-174

GAYATRI KUMARI, WIFE OF SRI INDRA BHUSHAN KUMAR, RESIDENT OF VILLAGE AJAGAIWA, POLICE STATION SAUR BAZAR, DISTRICT Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA

Decided On April 21, 2016
Gayatri Kumari, Wife Of Sri Indra Bhushan Kumar, Resident Of Village Ajagaiwa, Police Station Saur Bazar, District Appellant
V/S
The State Of Bihar Through The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) The present intra-court appeal, under Clause 10 of the Letters Patent of the Patna High Court, is directed against the order dated 14.10.2014 passed by the learned single Bench in CWJC No.10461 of 2013.

(2.) The appellant herein was the writ petitioner and had moved the Court for quashing of order dated 21.02.2013 passed by the Director (Secondary Education), Government of Bihar, Patna on representation filed by the appellant, pursuant to order dated 05.04.2012 passed in CWJC No. 18946 of 2011.

(3.) The appellant claims to have been appointed as an Assistant Teacher by the then School Managing Committee in the subject of English on 05.01.1984 on the basis of being a graduate in Rameshwar Project Girls High School, Chandaur, Sour Bazar, Saharsa and her grievance is that as per the policy of the State Government and the orders of the Honourable Supreme Court, when cases for approval/recognition of services of the teachers of such project schools were considered, due to mala fide on the part of the then Secretary of the Managing Committee, as she was suffering from ailment and was on leave from 04.01.2006 to 02.07.2006, her name was not sent to the Three-Man Committee, which was to consider the cases of persons appointed in such Project Schools. It is further her claim that when she came to know about the development, pursuant to others being granted approval by the Director, she represented in the year 2008 and after hearing, her case was rejected by order dated 31.05.2010, compelling her to approach this Court in CWJC No. 18946 of 2011 and the writ petition came to be disposed off by order dated 05.04.2012 observing that the appellant may produce whatever she wants to produce with regard to the reason which prevented her from appearing before the Three-Man Committee and why her case was not recommended for regularization before the Director, Secondary Education in appeal. In the light of such direction, representation filed by the appellant has been disposed off by the order impugned in the writ petition.