Rituraj Bahadur And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20032 of 2011 ======================================================

1. Ritu Raj Bahadur Son Of Jabahar Lal Gupta Resident Of MohallaBhartiganj, Near Basti More, Post Sasaram, Distt. Rohtas At Sasaram.

2. Binod Kumar Tiwari Son Of Shree Suchit Tiwari Resident Of Village Dudhahi Dihra, Post-Durwan, P.S. Tilauthu, Distt. Rohtas At Sasaram.

3. Suresh Yadav Son Of Shree Chamari Yadav Resident Of VillageBarimal, Post-Dasma, P.S.-Aurangabad (Muffasil), Distt. Aurangabad (Bihar).

4. Nityanand Singh Son Of Late Deobansh Singh Resident Of VillageJokahari, Post-Padarama, P.S. Jamhore, Distt.-Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

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

3. The District Magistrate, Aurangabad.

4. The Block Development Officer, Navinagar, Aurangabad (Bihar).

5. The Block Education Officer, Navinagar, Aurangabad.

6. The Pramukh, Navinagar Block, Aurangabad (Bihar). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Respondent/s : Mr. Devendra Kr Sinha Aag2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-05-2016 Despite the fact that time was granted in the year 2012 itself for filing counter affidavit by the respondent /State, no counter affidavit has been filed till date.

In the present writ petition a limited prayer has been made for directing the respondents to implement the order passed by the District Teacher Appointment Appellate Authority, Aurangabad in Appeal No. 283 of 2011 , 327 of 2011, 388 of 2011 and other analogous cases.

Patna High Court CWJC No.20032 of 2011 (3) dt.06-05-2016 2/2 Learned counsel for the petitioner submits that the order of the appellate authority has already attained its finality since against the said order no any appeal or writ petition was filed.

In view of submission made by learned counsel for the petitioner as well as the fact that order has been passed by a duly constituted authority unless and until the said order is unsettled by a superior court or reviewed or recalled, same is required to be implemented by all concerned. Accordingly, the writ petition is allowed with a direction to the respondents to take steps to implement the order passed by the District Teachers Appointment Appellate Authority, Aurangabad in Appeal No. 283 of 2011, 327 of 2011 , 388 of 2011 and other analogous cases. All the formalities must be completed within a period of three months from the date of receipt / production of a copy of this order. (Rakesh Kumar, J) Praful/- U