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Patna High CourtCWJC/11426/2018disposed

Mamta Kumari v. The State Of Bihar And ORS

2018-09-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11426 of 2018 ====================================================== Mamta Kumari wife of Praveen Kumar, resident of Village+ P.O.- Jhunathi, P.S.- Parasbigha, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2. The Director, Secondary Education, Bihar, Patna.

3. The District Teacher's Appellate Authority, Jehanabad.

4. The Deputy Development Commissioner-cum- Chief Executive Officer, Jehanabad.

5. The Zila Parishad Employment Committee, Jehanabad through its Chairman.

6. The Chairman, Zila Parishad, Jehanabad.

7. The District Programme Officer (Establishment), Jehanabad. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Prakritita Sharma For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2018 The present writ petition has been filed for directing the respondent no. 4 to comply with the order passed by the District Appellate Authority, Jehanabad which is dated 26.07.2017 and has been passed in Appellate Case No. 42 of 2016. The learned counsel for the petitioner has drawn the attention of this Court to Rule 15(2) of the Bihar State School Teacher & Employee Grievance Redressal Rule, 2015, whereby and whereunder there is a provision for filing an execution case for implementation of the order passed by the appellate authority.

Patna High Court CWJC No.11426 of 2018 (2) dt.05-09-2018 2/2 In view of the aforesaid, though this Court grants liberty to the petitioner to file an execution case but at the same time the Deputy Development Commissioner-cum-Chief Executive Officer, Jehanabad is directed to ensure implementation of the order dated 26.07.2017 passed in Appellate Case No. 42 of 2006 by the District Appellate Authority, Jehanabad within a period of four weeks from today, failing which the respondent no. 4 shall be liable for strict penal action.

The writ petition is disposed off on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U