Navin Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14697 of 2016 ===========================================================

1. Navin Kumar Son of Krishnadev Korgiya Resident of Vill- Farhi Post- Khaira Koshikapur, P.S. Narpatganj, District Araria.

2. Amol Kumar Mandal son of Khokha Prasad Mandal Resident of VillShankarpur, Post- Parwaha, P.S- Forbesganj, District Araria, Bihar.

3. Rajkumar Chodhary Son of late Chandrashekhar Choudhary Resident of VillRaghunandanpur, Vahaya- Teghra, P.S Bhagwanpur, district Begusarai.

4. Md. Dilshad Alam Son of Md. Shamshul Haque Resident of Village- High School , Road Ward No. 15,. P.O. +P.S. Forbesganj, District Ararai.

5. Meera Kumari D/o Jawahar Lal Keshri Resident of Jawahar Lal Keshri Vill Ramganj, P.O. Kushmaha, PS. Jogbani District Araria.

6. Vinay Kumar Paswan Son of Vande Lal Paswan Resident of Village - Sultan Pokhar Ward No. 2 P.O. forbesganj, district Araria.

7. Afsana Khatoon D/o Md. Mustak Mian Resident of Vill- Hasanpur, P.O. Kushmaha, District Araria.

8. Vijay Kumar Son of late Kharg Narayan Mandal Resident of Village - Garha, P.O. Pipra, District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department Government of Bihar, Patna.

3. The Director Primary Education , Govt. of Bihar, Patna.

4. The District Education Officer, Araria.

5. The District Programme Officer, (Estt), Araria.

6. The Block Development Officer, Forbesganj , Araria.

7. The Block Education Officer, Forbesganj Araria.

8. The Mukhiya Gram Panchayat Raj, Khushmaha, Block Forbesganj, Araria.

9. The Panchayat Secretary, Gram Panchayat Raj, Khushmaha,Blcok Forbesganj, Araria.

10. The Member, District Teacher's Appointment Appellate Authority, Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate Mr. Sitaram Pd., Advocate Mr. Vishal Vikram Rana, Advocate Mr. Anjani Kumar, Advocate For the Respondent/s :

Mr. Madanjeet Singh, GP-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-05-2017 Heard learned counsel for the petitioners and the State.

Patna High Court CWJC No.14697 of 2016 dt.18-05-2017 2/3

2. The petitioners have moved the Court for the following reliefs:

"1. That, this is an application on behalf of above named petitioner for issuance of an appropriate Writ(s)/Direction (s)/Order(s) to the Respondents, Especially Respondent No. 4 to 9 to implement the order contained in Memo No. 15 dated 17.04.2014 issued by the District Teacher Appointment Appellate Authority, Araria (Respondent No. 10) by which direction has been issued to the Appointing Authority of Gram Panchayat Raj, Khusmaha, Block Forbesganj, Araria (Respondent no. 8 & 9) to complete the process of appointment of panchayat Teacher within 40 days. And further direct the Respondents to appoint the petitioner's on the post of Panchayat Teacher within the time framed by Appellate Authority, Araria. A copy of memo dated 17.04.2014 is annexed as Annexure-1 to this application"

2. The petitioners are aggrieved by non implementation of the order passed by the District Teachers Employment Appellate Authority, Araria (hereinafter referred to as the 'Authority') as contained in Memo No. 15 dated 17.04.2014 in Case No. 40/2012-13, by which a direction has been given to complete the appointment process relating to the petitioners.

3. Learned counsel for the petitioners submitted that despite the Authority directing the respondents no. 8 and 9 to complete the formality within 40 days, till date the same has not been complied with.

4. Learned counsel for the State submitted that the writ

Patna High Court CWJC No.14697 of 2016 dt.18-05-2017 3/3 petition be disposed off with a direction to ensure compliance of the order of the Authority, provided the same is still in force.

5. In view of the aforesaid, the writ petition stands disposed off with a direction to the respondents no. 4 to 9 to ensure that the order of the Authority dated 17.04.2014, if it is still in force, is complied with within four weeks from the date of production of a copy of this order before them.

(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U