Pushpa Kumari And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17075 of 2018 ====================================================== 1.
Amlesh Kumari and Anr Daughter of Raghubir Sahni, Resident of VillageSimra, P.O. Srikant, P.S. Piar, District-Muzaffarpur. 2.
Sweta KUmari, Daughter of Ram Shankar Thakur, Wife of Pankaj KUmar Neeraj, Resident of Village-Wafapur Banthu, P.O.Wafapur Banthu Satpura, P.S. Bhagwanpur, District-Vaishali.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors.
2.
The District Magistrate, Muzaffarpur.
3.
The District Education Officer, Muzaffarpur.
4.
The District Programme Officer, Establishment, MuzaffarPur. 5.
The Member Secretary-Cum-Gram Panchayat Secretary, Noonphara Panchayat, Block Bandara, Muzaffarpur, 6.
THe Member Secretary, District Teachers Employment Appellate Authority, Muzaffarpur.
7.
The Block Education Officer, Bandara, Muzaffarpur. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17077 of 2018 ====================================================== Pushpa Kumari and Anr Wife of Jitendra Kumar Akela, Resident of Village P.O. Shahela Rampur, Nathuri, P.S. Bochcha, District-Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors.
2.
The District Magistrate, Muzaffarpur.
3.
The District Education officer, Muzaffarpur.
4.
The District Programme Officer, Establishment, Muzaffarpur. 5.
The Member Secretary-Cum-Gram Panchayat Secretary, Rampur Dayal Panchayat, Block Bandara, Muzaffarp 6.
THe Member Secretary, District Teachers Employment Appellate Authority, Muzaffarpur.
7.
The Block Education Officer, Bandara, Muzaffarpur. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17160 of 2018 ======================================================
Patna High Court CWJC No.17075 of 2018(2) dt.13-09-2022 2/3 1.
Brajesh Kumar and Anr Son of Basudev Prasad Yadav, resident of VillageGardha, P.O. Bochcha, P.S. Bochcha, District- Muzaffarpur. 2.
Manju Tiwary, Daughter of Ashok Kumar Pandey, resident of Village- Ash Nagar, P.O. Bakatpur, P.S. Kanti, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors.
2.
The District Magistrate, Muzaffarpur.
3.
The District Education Officer, Muzaffarpur.
4.
The District Program Officer Establishment, Muzaffarpur. 5.
The Member Secretary-cum-Gram Panchayat Secretary, Tepari Panchayat Block Bandara, Muzaffarpur.
6.
The Member Secretary, District Teachers Employment Appellate Authority, Muzaffarpur.
7.
The Block Education Officer, Bandara, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 17075 of 2018) For the Petitioner/s :
Mr. Krishna Chandra Jha, Adv.
Mr. Amish Kumar, Adv.
Mr. Aamir Hayat, Adv.
For the Respondent/s :
Mr.Prabhakar Jha- GP 27 (In Civil Writ Jurisdiction Case No. 17077 of 2018) For the Petitioner/s :
Mr. Krishna Chandra Jha, Adv.
Mr. Amish Kumar, Adv.
Mr. Aamir Hayat, Adv.
For the Respondent/s :
Mr.Madanjeet Kumar- GP 20 (In Civil Writ Jurisdiction Case No. 17160 of 2018) For the Petitioner/s :
Mr. Krishna Chandra Jha, Adv.
Mr. Amish Kumar, Adv.
Mr. Aamir Hayat, Adv.
For the Respondent/s :
Mr. Smt. Shilpa Singh- GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 13-09-2022
1. Admittedly the petitioner has preferred an appeal against the impugned order of termination dated 30.11.2016 which is pending before the District Appellate Authority, Muzaffarpur.
Patna High Court CWJC No.17075 of 2018(2) dt.13-09-2022 3/3
2. Learned counsel submits that on account of the authority remaining non-functional for a long time, he has preferred this writ petition.
3. This court vide Judgement dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) has held that the respondents are required to make all the district appellate authorities functional and assurance was also given to this court that the District Appellate Authority will become functional by the end of August.
4. However, later on, it has been pointed out that the selection process has taken a little bit more time but in any event it is expected to make them functional soon. Keeping in view above, this writ petition is disposed of with observation that as soon as the authorities becomes functional, the petitioner's appeal shall be taken and preferably it will be disposed of within a period of six months.
(Sanjeev Prakash Sharma, J) sachin/shaswat Item No. 32 U