High Court Patna High Court - Orders

Aradhna Kumari vs The State Of Bihar & Ors on 28 September, 2011

Patna High Court – Orders
Aradhna Kumari vs The State Of Bihar & Ors on 28 September, 2011
                          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
                                        ----------------------------------

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/-