Azhar Hussain And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18929 of 2017 ======================================================
1. Azhar Hussain, son of Sharifuddin, resident of VillageMasuriya, P.S. Mahalgaon, Block Jokihat, District- Araria.
2. Mir Imran Alam, son of Abdul Rauf, resident of VillageBasantpur, P.S. and District- Araria.
3. Sushil Kumar Rishideo, son of Sadanad Rishideo, resident of Village- Koshiargaon, P.S. and District- Araria.
4. Rahmat Khatoon, wife of Shakib Alam, resident of VillageChilhania, P.S. Mahalgaon, District- Araria.
5. Gufrana Begum, wife of Minhaz Alam, resident of VillageChainpur, P.S. Mahalgaon, District- Araria. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner, Department of Education, Govt. of Bihar, Patna.
2. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Director, Primary Education, Department of Education, Govt. of Bihar, Patna.
4. The District Education Officer, Araria.
5. The District Program Officer (Establishment), Araria.
6. The Block Education Officer, Jokihat, Araria.
7. The Panchayat Secretary, Chainpur Masuriya Panchayat, Block Jokihat, District- Araria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam Kumar Kejriwal, Advocate Mr. Mohit Agrawal, Advocate For the Respondent/s :
Smt.Binita Singh -SC28 Mr. Nishant Kumar Jha, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Vide order dated 19th January, 2018 four weeks time was granted to the respondents to file counter affidavit but
Patna High Court CWJC No.18929 of 2017(3) dt.03-04-2018 2/3 neither the grievance of the petitioners has been redressed nor the counter affidavit has been filed on behalf of the State. Mr. Gautam Kumar Kejariwal, learned counsel appearing on behalf of the petitioners submits that the petitioner has approached this Court as well as the Tribunal but the order passed by this Court as well as the Tribunal has not been implemented by the respondents. Referring to the order passed by the District Teachers Employment Appellate Authority, Mr. Kejariwal submits that the respondents cannot sit in appeal against the decision taken by the District Teachers Employment Appellate Authority and as such they are under obligation to implement the direction issued by the District Teachers Employment Appellate Authority.
Considering the background of the instant case and the order passed by the District Teachers Employment Appellate Authority, the court is constrained to direct the respondent-District Programme Officer (Establishment), Araria to implement the direction of the District Teachers Employment Appellate Authority in its letter and spirit within a maximum period of within a period of sixty days from the date of receipt/production of a copy of this order and failure in compliance would be viewed seriously.
Patna High Court CWJC No.18929 of 2017(3) dt.03-04-2018 3/3 With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) spandey/- U