Rita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19917 of 2016 =========================================================== Rita Kumari, W/o Shyama Nand Tiwari, resident of Mohalla - Mohanpur Grid, Dudhpur, P.S. Moffassil, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary H.R.D., Govt. of Bihar, Patna

2. Principal Secretary H.R.D., Govt. of Bihar, Patna

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

4. Regional Deputy Director of Education, Patna, Dabhanga Division, Darbhanga Cum Appellate Authority, Darbhannga

5. Distict Education Officer, Samastipur

6. Distict Programme officer, Establishment, Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra- SC16 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 17-04-2018 Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by the order as contained in Memo no. 918, dated 06.08.2016 (Annexure-7).

3. The appellate Authority instead of addressing the issue raised in the appeal has decided the appeal in most apologetical manner. The relevant part of the consideration of the appellate authority reads as follows: Page no.28 and 29: "

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2/4 " "

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3/4 "

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4. From perusal of the relevant part of Annexure-7, it is manifest that the Appellate Authority has not decided the issue and he

4/4 has simply completed the formality.

5. Learned counsel for the petitioner submits that the case of the petitioner was not finally adjudicated by the RDDE, Darbhanga Division-cum-Appellate Authority and in the meanwhile the case of others have been considered.

6. Considering the above, the writ application is disposed of with a direction to the RDDE, Darbhanga Division, Darbhanga to finally decide the claim of the petitioner instead of taking apologetic stand take final decision with regard to the entitlement of the petitioner within a maximum period of 30 days from the date of receipt/production of a copy of this order.

7. In the event, the petitioner's claim is found genuine, the petitioner shall be granted all consequential benefits from the date similarly circumstanced/juniors to the petitioner have been granted such benefit.

8. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.04.2018 Transmission Date