LAWS(PAT)-2019-7-16

STATE OF BIHAR Vs. SAMIR KUMAR

Decided On July 12, 2019
STATE OF BIHAR Appellant
V/S
SAMIR KUMAR Respondents

JUDGEMENT

(1.) We have heard learned counsel for the State of Bihar-appellant supported by argument of Sri M.N. Parbat, learned senior counsel for the intervenor-Gayatri Kumari @ Gayatri Devi. For the respondent-petitioners, we have heard Sri Bindhyachal Singh, Sri Tej Bahadur Singh, Sri P.K. Shahi, Sri S.K. Dwivedi, Sri K.N. Singh, learned senior counsel, Sri S.B.K. Mangalam and Sri Jeetendra Narayan, learned counsel.

(2.) These appeals have been filed by the State of Bihar assailing the impugned judgment dated 13.04.2017, whereby the learned Single Judge has allowed the writ petitions filed by the 28 respondent-petitioners in all the appeals setting aside their termination orders on the post of Teachers of Government run Middle Schools in the district of Siwan. The respondent-petitioners were applicants for appointment as Teachers against an advertisement that was published on 09.08.1988 pursuant whereto selections were held between 1989-90 and appointments were made in the year 1991. The selections, therefore, relate to an almost three decade old matter, the dispute whereof came to be raised in the year 2001 when certain non-selected teachers staked their claim before this Court.

(3.) There is no dispute between the parties that the selections and appointments were to be made in accordance with the State Basic Schools (Classification, Appointment, Promotion and Transfer of Assistant Teachers) Rules, 1975 which are extracted hereinunder:-