IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.603 of 2011 In Civil Writ Jurisdiction Case No. 12634 of 2009 ====================================================== Tarannum Ara, daughter of Razi Quama, village Dhamaul, P.S. Kurtha, District Arwal ……Petitioner- Appellant Versus 1. The State of Bihar 2. The Secretary, Primary & Secondary Education, Govt. of Bihar, Patna 3. The Secretary, Human Resource Department, Govt. of Bihar, Patna 4. The District Magistrate, Arwal 5. The District Superintendent of Education, Arwal 6. The District Education Appellate Tribunal, Arwal 7. The Block Development Officer, Arwal 8. Panchayat Secretary, Dhamaul Gram Panchayat, Arwal 9. Mukhiya, Gram Panchayat, Kurtha, Arwal 10. Nagmani Kumari, wife of Ram Janam Singh, resident of Dhamaul, PS Kurtha, Dist. Arwal …… Respondents- Respondents ====================================================== Appearance : For the Appellant/s : Mr Ramakant Sharma, Sr Advocate Mr Rajesh Kumar, Advocate For the Respondent/s : Mrs. Shail Kumari SC15 ====================================================== 3 28-07-2011 Heard learned counsel for the appellant and learned counsel for the State. 2. By the order under appeal, the learned Writ Court has disposed of the writ petition preferred by the appellant and has held that the private respondent, Nagmani Kumari, was entitled to be taken back in service on the post of Panchayat Shiksha Mitra, which was subsequently converted to the post of Panchyat/ Block Teacher but if the appellant was appointed on a post other than the post of private respondent, Nagmani Kumari then the authorities Patna High Court LPA No.603 of 2011 (3) dt.28-07-2011 2 will not be influenced by the order of the District Teachers Appointment Appellate Authority dated 27.8.2009 in case no.10 of 2008-2009 and take an independent decision in respect of service of the appellant. 3. On going through the order of the Writ Court, we are in agreement that in view of subsequent policy decision of the State Government and judgments of this Court, the private respondent Nagmani Kumari had to be reinstated in service. So far as right of the appellant to continue in service is concerned, that right will be adversely affected only if she was appointed on the post held by the private respondent. 4. Learned counsel for the appellant has submitted that in the same district and almost in whole State, teachers like the appellant, who are adversely affected on account of reinstatement of teachers like private respondent who enhanced their educational qualification up to Intermediate, have been given protection by adjusting them against other available vacancies. To further strengthen this submission, our attention was drawn to the fact that service of the appellant was confirmed in the year 2007. 5. The Writ Court has also made certain observations in respect of case of the appellant. While affirming those observations, we indicate that if similarly affected teachers like the Patna High Court LPA No.603 of 2011 (3) dt.28-07-2011 3 appellant have been given protection by adjustment against other vacancies, similar treatment should be given to the appellant. The appeal is disposed of. 6. If any arrear of salary lawfully payable to the appellant is due, the same should be paid to her without any delay. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)