IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.957 of 2011
In
Civil Writ Jurisdiction Case No. 3997 of 1994
======================================================
1. Laxman Raut son of Sri Pyare Raut
2. Chandra Kala Devi, wife of Laxman Raut
Both resident of village and P.O. - Bhatwan, P. S. Hasanpur, District-
Samastipur.
.... .... Appellants
Versus
1. The State Of Bihar , through Commissioner-cum-Secretary,
Department of Human Resources, Government of Bihar, Patna.
2. The Director, Primary Education, Department of Human Resources
Development, Government of Bihar, Patna.
3. The District Establishment Committee through its Chairman,
Samastipur.
4. The District Superintendent of Education, Samastipur.
.... .... Respondents
======================================================
Appearance :
For the Appellants : Mr. Uma Shankar Singh, Adv.
For the Respondent/s : Mr. Manoj Kumar, AC to SC 6
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 20-07-2011 This Appeal under Clause 10 of the Letters Patent is
preferred by the writ petitioners against the judgment and order
dated 13th May 2011 passed by the learned single judge in above
C.W.J.C. No. 3997 of 1994.
The appellants filed the above writ petition for a direction to
Patna High Court LPA No.957 of 2011 (3) dt.20-07-2011
2
the State Government to pay salary to the appellants as the
teachers of Harijan Primary School, Bhagaut, P.S. Hasanpur, P.O.
Hasanpur, District- Samastipur.
After perusal of the pleadings and the records, the learned
single judge has held that the aforesaid Hasanpur School was
established by the District School Board in 1983 and a trained
teacher was appointed in the said school. The appellants were
neither the trained teachers nor were they ever appointed in the
said school either by the District School Board or by the School
Management. Prior to 1983 the school was not in existence. In
view of the said finding, the appellants’ claim for salary as
teachers in the said Harijan School has been rejected.
Therefore, the present Appeal.
No case for interference is made out.
The Appeal is dismissed in limine.
(R.M. Doshit, CJ)
B Tiwary/- (Birendra Prasad Verma, J)