Renu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13649 of 2016 ====================================================== Renu Kumari W/o Amresh Kumar Mandal Resident of Village- Tikapatti Chandpur, P.O.- Tikapatti, P.S.- Falka, District- Katihar. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The Zila Appeleya Pradhikar, Katihar, Mirchaibari, District- Katihar.

3. The District Education Officer, Katihar, District- Katihar.

4. The District Program Officer, Katihar, District- Katihar.

5. The Block Education Officer, Samaili, Samaili, District- Katihar.

6. Block Development Officer, Samaili, Samaili, District- Katihar.

7. Panchayat Sachiva, Gram Panchayat Raj, Paschami Chandpur, P.O. & P.S.- Samaili, District- Katihar.

8. Kumari Anita W/o Raj Kumar Resident of Village- Bharauli, P.O.- Pothia, P.S.- Falka, District- Katihar.

9. Gunjan Kumari D/o Sri Anirudha Mandal Resident of Village- Diara Chandpur, P.O.- Chandpur, P.S.- Falka, Distt- Katihar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Ms. Anukriti Jaipuriyar, Adv. Mr. Anshuman Jaipuriyar, Adv.

Mr. P.K. Jaipuriyar, Adv.

For the Respondent/s : Mr.S.S.Tiwary, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-12-2016 Heard learned counsel for the parties.

This matter is listed under the heading 'To Be Mentioned' at the instance of the learned counsel for the petitioner, Ms. Anukriti Jaipuriyar, who submits that since during the pendency of the writ petition the State Appellate Tribunal has been constituted under the Bihar State Vidyalaya Shikshak and Karmchari Nivaran Niyamawali, 2015 which provides for an appeal before the State Appellate Authority against an order passed by the District Appellate Authority constituted under the Bihar Elementary

Patna High Court CWJC No.13649 of 2016 (2) dt.20-12-2016 Panchayat Teachers (Appointment and Service Condition) Rules, 2006 as amended from time to time, this writ petition may be disposed of with a liberty to the petitioner to exhaust appellate remedy so available to her under the State Appellate Authority (Procedure for fee and Practice) Guidelines, 2016. Learned counsel also prays for protection on the issue of limitation. The writ petition is disposed of accordingly. It goes without saying that should the petitioner file any such appeal accompanied with an application for condonation of delay within a period of four weeks from today, the same be considered by the State Appellate Authority and be disposed of in accordance with law on its merit after opportunity of hearing to the contesting parties.

(Jyoti Saran, J) Surendra/- U