Savita Kumari @ Sabita Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15287 of 2015 ====================================================== Savita Kumari @ Sabita Kumari wife of Satyendra Tiwary, Resident of Village- Tiwari Tola, Dariyapur, Police Station- Sangrampur, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 3.
The Distruct Magistrate, East Champaran at Motihari. 4.
The District Programme Officer, Establishment, East Champaran at Motihari.
5.
The Block Education Extension Officer, Sangrampur Block, District- East Champaran at Motihari.
6.
The Mukhiya, Bariariya Tola Rajpur, Block- Sangrampur, District- East Champaran at Motihari.
7.
The Panchayat Secretary, Bariariya Tola Rajpur, Block- Sangrampur, District- East Champaran at Moti 8.
Reena Devi, Wife of Omprakash Kumar @ Subhash Yadav, Resident of Village- Mangalpur, Police Station- Sangrampur, District- East Champaran at Motihari.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Rai Sharma, Advocate For the Respondent/s :
Mr.Sc16- Abbas Haidar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and the State.
The petitioner is aggrieved by non-implementation of the direction issued by the District Teachers Employment Appellate Authority.
On behalf of the respondent-State stand has been taken that as per the Bihar Panchayat Prarambhik Shikshak
Patna High Court CWJC No.15287 of 2015(2) dt.11-09-2019 2/3 (Niyojan Awam Sewa Shart) Niyamawali, 2006 the appointing authority is Panchayat Secretary. In other words, the whole counter affidavit is vague and apologetic.
Learned counsel for the State has submitted that there is provision for execution by the District Teachers Employment Appellate Authority and as such the petitioner may be relegated to the Appellate Authority.
Considering the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to file a petition for execution of the direction before the District Teachers Employment Appellate Authority and the Appellate Authority shall see that direction issued by it is executed within a fortnight and all the official respondents, who are parties in the present writ petition, namely, the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna, the Distruct Magistrate, East Champaran at Motihari, the District Programme Officer, Establishment, East Champaran at Motihari, the Block Education Extension Officer, Sangrampur Block, District- East Champaran at Motihari, the Mukhiya, Bariariya Tola Rajpur, BlockSangrampur, District- East Champaran at Motihari and the Panchayat Secretary, Bariariya Tola Rajpur, Block- Sangrampur,
Patna High Court CWJC No.15287 of 2015(2) dt.11-09-2019 3/3 District- East Champaran at Motihari are hereby directed to implement the direction issued by the Tribunal while exercising execution proceeding within 48 hours of the direction issued by the Tribunal in execution proceeding.
(Anil Kumar Upadhyay, J) spandey/- U