Mantu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2238 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5177 of 2015 =========================================================== Mantu Kumari, W/o Sri Amol Kumar Jha, Resident of village - Chainpur, P.S. Bangaon, District - Saharsa, Presently posted as Assistant Teacher, Primary School, Harijan Colony, Bariahi (Saharsa) .... .... Appellant/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna 1

2. The District Establish Committee through the District Magistrate, Saharsa

3. The District Magistrate - Cum - Chairman, District Establish Committee, Saharsa

4. The District Education Officer, Saharsa

5. The District Programme Officer, Saharsa

6. The Block Education Officer, Kahra, Kahra Block, Saharsa

7. The In-Charge/Headmistress, Primary School, Harijan Colony, Bariahi, P.S. Barigaon, District - Saharsa

8. The District Superintendent of Education, Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rabindra Nath Tiwari, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-03-2017 Delay in filing of the Letters Patent Appeal is condoned.

A supplementary affidavit on behalf of the appellant has been filed along with a copy of letter dated 06.03.2017 (Annexure-8) which goes to show that appellant has been allowed to join duties by the District Education Officer, Saharsa based on the

Patna High Court LPA No.2238 of 2015 dt.24-03-2017 2/2 directions issued by the Regional Deputy Director of Education and further actions for settling the monetary claim of the appellant is pending consideration before the competent authority. In view of the above, learned counsel for the appellant prays for permission to withdraw this appeal for the present with liberty to pursue the departmental remedy due to the subsequent development thereafter, in case final decision taken by the department is adverse to the appellant, she prays for liberty to approach this Court again.

Prayer allowed.

The Letters Patent Appeal is permitted to be withdrawn with the liberty as prayed for.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.03.2017 Transmission Date