Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 25631 (PAT)

Kishori Devi v. The State Of Bihar and Ors

CWJC/8514/2015 · 2025-02-13

Harish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8514 of 2015 ====================================================== Kishori Devi Wife of Satyanandan Singh resident of village - Paharpur, P.O. Dariyapur, P.S. Barahiya, District - Lakhisarai ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary Human Resources Department (H.R.D), Bihar, Patna. 2. The Director, Secondary Education Bihar, Patna 3. The Area Education Deputy Director, Gaya 4. The District Education officer, Nawadah 5. The Headmaster, Bandishankar Project Girls High School, Warisaliganj, Nawadah ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bisheshwar Sinha, Advocate For the Respondent/s : Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 13-02-2025 Heard the parties. 2. The petitioner is aggrieved with the order as contained in Memo No. 222 (P) dated 07.05.2010, whereby the claim of the husband of the petitioner for approval of his services came to be rejected on account of the fact that he died on 02.07.2005, much before the approval of his services. 3. It is the contention of the petitioner that a Girls High School was established in the name and style of Rajiv Gandhi Girls High School, Warisaliganj, Nawada with the permission of the Deputy Director, Secondary School, Bihar, Patna High Court CWJC No.8514 of 2015 dt.13-02-2025 2/5 Patna. The husband of the petitioner was duly appointed as Assistant Teacher in the said school by competent authority and had been working in the said school since 03.01.1983 till 01.01.2000. 4. In course of time, vide letter no. 108 dated 12.02.1985, the said school was selected as Project Girls High School, Warisaliganj. The name of the teaching and non- teaching staffs were sent for payment of salary, which also got recommended by the District Educational Officer, Nawada. In support of the aforesaid contention, Annexure-3 has been placed on record. The husband of the petitioner made several representations to consider his case for payment of salary and retiral benefits but the same could not be done and he died on 02.07.2005. Later on the petitioner pursued the matter, however, by the impugned order dated 07.05.2010, the claim of the husband of the petitioner for confirmation of his services and other claims were rejected. 5. A counter affidavit has been filed on behalf of the respondent no. 2. It is apprised to this Court that the matter is concerned with the Project Girls High School of 1984-85 phase. On account of some dispute in relation to selection of the school as well as the teaching and non-teaching staffs of these schools Patna High Court CWJC No.8514 of 2015 dt.13-02-2025 3/5 several writ petitions have been filed and finally the matter came up for consideration before the Hon'ble Supreme Court in SLP Nos. 6614-6663/2000; (State of Bihar v. Project Uchcha Vidya. Sikshak Sangh). 6. The aforesaid SLPs came to be disposed of vide order dated 03.01.2006. In compliance with the direction of the Hon'ble Supreme Court, a Committee vide Memo No. 41(P) dated 09.03.2006, comprising of two higher officials and one educationist of repute and/or a retired judicial officer was constituted for the purposes of examining the selection of schools as also to examine the personal grievance of the teaching and non-teaching staff of the Project Girls High School of 1984-85 phase. 7. The Three Men Committee through press communique invited the claims of the concerned project schools and individuals in prescribed performa and on receipt of the complaints, the same were duly considered and examined by the Committee. During consideration of the claims of the teaching and non-teaching staffs of the school, it was found that the name of the petitioner’s husband was not mentioned in the list of the working teachers, which was submitted by the school authorities. It has also been apprised that those teaching and Patna High Court CWJC No.8514 of 2015 dt.13-02-2025 4/5 non-teaching staffs, who were not satisfied with the order of the Department they were also asked to move before the Director (Secondary Education) Bihar, if their claims were within acceptable norms. 8. However, in the light of the aforesaid decision, the representation of the petitioner was again considered by the Director, (Secondary Education) Bihar and it was found that the name of the late husband of the petitioner did not find place in the list of working staff of the school. Moreover, the husband of the petitioner had already died on 02.07.2005 i.e. much before the date on which the claims of teachers of the Project Schools were considered on the direction of the Hon'ble Supreme Court. Accordingly, the claim of the late husband of the petitioner came to be rejected by the impugned order. 9. It is also the contention of the State-respondent that the date of birth of the late husband of the petitioner is 01.01.1940 and therefore as per the date of birth he had attained the age of superannuation on 31.12.1999 itself therefore, the claim of the petitioner for the approval of services of her late husband is not justified. 10. Having considered the materials available on record, this Court finds that since the name of the petitioner did Patna High Court CWJC No.8514 of 2015 dt.13-02-2025 5/5 not find place in the list of the working teachers; even as per the date of the birth of the husband of the petitioner, he had already attained the age of superannuation on 31.12.1999; hence, the date on which pursuant to the direction of the Hon'ble Supreme Court, the Three Men Committee was constituted and considered the claim of Project Schools and their teaching and non-teaching staffs, the petitioner was no more in service and in fact he was unfortunately died much prior thereto, on 02.07.2005 itself. 11. In view of the aforesaid facts and circumstances, this Court does not find any error in the impugned order. 12. Accordingly, the writ petition stands dismissed. aditya/- (Harish Kumar, J) AFR/NAFR CAV DATE Uploading Date 17.02.2025. Transmission Date