IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.623 of 2011
In
(CIVIL WRIT JURISDICTION CASE 8272/2008)
Aradhna Kumari, Daughter of late Tej Narayan Roy, resident of village -
Banaily, PS Kasba District Purnia ......Appellant
Versus
1. The State Of Bihar through Principal Secretary, Human Resources
Development department , New Secretariat, Patna
2. The District Magistrate, Purnia
3. The Block Development Officer, Kasba Block, PS Kasba District
Purnia
4. The District Superintendent of Education, Purnia
5. The Block Education Extension Officer, Kasba Block, District Purnia
6. The Mukhiya Banaily Gram Panchayat, Kasba Block, District Purnia
7. The Panchayat Secretary, Banaily Gram Panchayat, Kasba Block,
District Purnia
8. Rumana Khatoon, Daughter of Md. Wazid Ali, wife of Abuzar
Gaffari, resident of village Banaily Banka, PO Sadhovely PS Kasba
District Purnia .......Respondents
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4 28-09-2011 Heard the parties.
The writ petition preferred by the appellant
has been dismissed by the order under appeal dated
8-3-2011. The writ court considered the impugned
order of the District Magistrate, Purnia passed on the
orders and directions of this court in an earlier writ
petition and has found no good material to interfere
with the views expressed by the District Magistrate
after proper enquiry that appellant’s appointment was
by manipulation and another candidate having better
marks and above her in the panel ought to have been
appointed.
2
In the facts of the case, we find no good
reasons to interfere with the order of the writ court on
merit. However, it appears that the District Magistrate
has also directed for recovery of salary paid to the
appellant for the period she was working on the post of
Shiksha Mitra. Since the post of Shiksha Mitra was, at
the relevant time, filled up only on contractual basis
and the appellant worked on account of orders issued
by the Mukhiya and other competent authorities, in our
view, equity does not warrant realization of
honorarium already paid to her for her work. Only to
that extent, the order of the District Magistrate dated
9-5-2008 is modified. The order under appeal passed
by the writ court shall also stand modified to that
extent.
The appeal is disposed of.
(Shiva Kirti Singh, J.)
(Shivaji Pandey, J.)
BKS/-