PATNA, India, Feb. 12 -- Patna High Court issued the following judgment on Jan. 12:

In the instant petition, petitioner has prayed for the following relief(s):-

"I. For issuance of an appropriate writ in the nature of certiorari for quashing memo no. 1475 dated 09.09.2021 issued under the signature of the Director, Secondary Education, Bihar, Patna addressing to the Executive Officercum- the Secretary, Nagar Secondary Teacher Employment Unit, Nagar Panchayat, Bairgania, District-Sitamarhi by which, he has stated that the selection of teachers for the 5th phase in the Nagar Panchayat Bairgania has been done against the roster point and in the enquiry the allegation has been found to be true. Therefore, he has directed for cancellation of illegal appointment, which has been referred to in the enquiry report, without verifying the facts of the case of the petitioner.

II. For issuance of an appropriate writ in the nature of certiorari for quashing the memo no. 2171 dated 31.07.2021 issued under the signatures of four men Enquiry Committee by which, it has been held that in the Nagar Panchayat, Bairgania, district Sitamarhi only two vacancy available for the Social Science subject against which two persons, namely, Ranjit Kumar and Shri Saroj Kumar have been appointed but in spite of no other vacancy, the selection of Shri Ram Vinay Kumar (petitioner) have been done, which does not appear to be proper. The said enquiry report is ex-parte one as the said enquiry has been completed without noticing the petitioner and giving an opportunity to him of being heard and furthermore, the aforesaid Enquiry Report has been issued without appreciating the correct facts.

III. For issuance of an appropriate in the nature of certiorari for quashing the letter no. 51 dated 11.01.2017 issued by the District Education Officer, Sitamarhi, the roster forwarded vide letter no. 1966 dated 17.07.2016 was amended vide letter no. 2479 dated 17.10.2016 in such a condition the memo no. 1966 dated 17.07.2016 considered automatically cancelled as the same has been manufactured subsequently only with a view to harass the petitioner and to snatch the only source of his livelihood and only to show that there was no backlog vacancy of Social Science subject existing in the Nagar Panchayat Bairgania, against which, the petitioner has been selected/appointed in the year 2017.

IV. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to comply the order passed by the learned District Teacher Employment Appellate Authority, Sitamarhi in Case No. 40/2019 (Ramvinay Kumar vs. the District Education Officer, Sitamarhi and Others) on 18.12.2020 and communicated vide memo no. 20 dated 18.12.2020, holding the selection / appointment of the petitioner genuine and valid and directed the District Programme Officer (Establishment), Sitamarhi to ensure the payment of the petitioner and others within a period of two months.

V. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pay the arrears of salary due since the date of joining as well as current salary to the petitioner in the light of the memo no.107 dated 11.03.2008 issued under the signature of the Commissioner and Secretary, Education Department and the letter no.387 dated 17.06.2015 issued by the Principal Secretary, Education Department, Govt. of Bihar, Patna, by which there is specific direction that the teacher's salary will not be withheld.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMTc3NTUjMjAyMSMxI04=-thPY2O8lxek=)

Disclaimer: Curated by HT Syndication.