Sweta Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4617 of 2014 ====================================================== Sweta Kumari W/O Rajesh Kumar Jha Resident Of Village- Pirmokam, P.S.- Falka, District- Katihar ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

3. Director, Primary Education, Govt. Of Bihar, Patna

4. District Magistrate, Katihar

5. District Superintendent Of Education, Falka, Katihar

6. Block Development Officer, Falka, Katihar

7. Block Education Extension Officer, Falka, Katihar

8. Panchayat Secretary, Gram Panchayat Raj, Sohtha, North Block Falka District- Katihar Null Null

9. Mukhiya Gram Panchayat Raj Sohtha North Prakhand Falka, District- Katihar

10. The Member The District Teachers Appointment Appelate Tribulan, Katihar

11. Kumari Anugya, Alias Anugya, D/O Bedanand Lal Das And W/O Krishna Kumar Verma Resident Of Village And P.O. Bereta, District- Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pathak For the Respondent/s :

Mr. AAG-13 A.K.CHOUDHARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 Heard the parties.

Following relief has been sought for in paragraph 1 present writ application on behalf of the petitioner: "1. The present writ application is being filed for issuance of a writ of certiorari for quashing the order vide memo no. 05 dated 29.01.2014 passed by the District Teachers Appointment Appellate Tribunal, Katihar in appeal no. 29 of 2013 whereby and whereunder the appointment of the petitioner on the post of Panchayat Teacher has been cancelled and the claim of the respondent no. 11 for the post of Panchayat Teacher has been allowed, obviously

Patna High Court CWJC No.4617 of 2014(5) dt.30-03-2018 2/2 on the erroneous ground and by misconstruing the order of this Hon'ble Court passed on 8.3.2013 in CWJC No. 2238 of 2010 and 9490 of 2008 and in as much as failed to consider the order of this Hon'ble Court in C.W.J.C. No. 15222 of 2007 on the basis of the which the petitioner's appointment as Panchayat Teacher was considered by the Appellate Authority in appeal no. 332 of 2009 and further issuance of a writ of mandamus directing upon the respondent to retain the service of the petitioner where she has been serving with the respondents for last 5 years uninterruptedly."

Taking into account that the order under challenge is passed by the District Teachers Appointment Appellate Authority, Katihar in connection with Appeal Case No. 29 of 2013, the petitioner is directed to file a statutory appeal before the State Appellate Authority within a period of 30 days. The State Appellate Authority shall dispose of the same within the statutory period.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U