Md. Nisar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5572 of 2020 ====================================================== Md. Nisar Alam Son of Md. Naim Akhtar Resident of Village- Taiyabpur, Post Office- Kurhella, Bobra, Police Station- Kadwa, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director Education Department, Government of Bihar, Patna. 3.

The District Education Officer Siwan.

4.

The District Program Officer Education-1 District- Siwan. 5.

Block Education Officer Cum Executive Officer Siswan, District- Siwan. 6.

Block Development Officer Siswan, District- Siwan. 7.

Block Employment Unit Through its Chairman, Panchayat Samitti, Siswan Block, District- Siwan.

8.

District Teacher Employment Appellate Authority District- Siwan. 9.

Head Master of Middle School Baghowna Block- Siswan, District- Siwan. 10.

The State Appellate Authority Education Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Helal Ahmad, Advocate For the Respondent/s :

Mr. Kameshwar Kumar (Gp17) Mr. Amit Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-01-2022 Heard Mr. Md. Helal Ahmad, learned Advocate for the petitioner and Mr. Amit Bhushan for the State. The petitioner has challenged the order dated 24.09.2014 passed in Appeal No. 370/2013 by the District Teachers Employment Appellate Authority, Siwan as also the order dated 26.08.2019 passed in Appeal No.

Patna High Court CWJC No.5572 of 2020 dt.29-01-2022 2/3 113/2018 by the State Appellate Authority affirming the order of the District Teachers Appellate Authority, repudiating the claim of the petitioner for being issued appointment letter for the post of Block Teacher in the district of Siwan.

After some arguments, learned counsel for the petitioner drew the attention of this Court to the observation made by the State Appellate Authority that if the petitioner represents before the BDO, Siswan within 30 days of passing of the appellate order, the concerned officer shall examine whether any post of Urdu Teacher in the second phase is vacant, as claimed by the appellant and if there are no other claimants for such posts, he shall take appropriate decision in accordance with law. Pursuant to the aforesaid observation made by the State Appellate Authority, the petitioner has already approached the BDO, Siswan for the needful. A reminder also has been sent to the BDO, Siswan by the District Programme Officer (Establishment) Siwan in that regard.

Patna High Court CWJC No.5572 of 2020 dt.29-01-2022 3/3 The petitioner, therefore, prays that he be permitted to withdraw this petition in order to pursue his claim before the BDO, Siswan.

The prayer is allowed.

If the petitioner pursues his representation before the BDO, Siswan, the same shall be disposed off by the concerned respondent (respondent no. 6) within a period of eight weeks by a reasoned order.

Needless to state that this Court has expressed no opinion with respect to the merits of the case of the petitioner.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.01.2022 Transmission Date