High Court Patna High Court - Orders

Laxman Raut & Anr vs The State Of Bihar & Ors on 20 July, 2011

Patna High Court – Orders
Laxman Raut & Anr vs The State Of Bihar & Ors on 20 July, 2011
                    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)