Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15881 of 2011 ====================================================== Anil Kumar, S/O Sri Churan Yadav, R/O Village + P.O. + P.S.- Jamalpur, District - Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary Human Resources Development Department, Govt. of Bihar, Patna.

2. The President of District Teacher Appointment Appellate Authority, Darbhanga.

3. The Member, District Teacher Appointment Appellate Authority, Darbhanga.

4. The District Magistrate, Darbhanga.

5. The District Superintendent of Education, Darbhanga.

6. The Block Education Officer, Block- Kiratpur, Distt.- Darbhanga.

7. The Block Education Extension Officer, Block - Kiratpur, Distt.- Darbhanga.

8. The Mukhiya, Gram Panchayat Raj Jamalpur, Block - Kiratpur, Distt.- Darbhanga.

9. The Panchayat Secretary Gram Panchayat Raj Jamalpur, BlockKiratpur, Distt.- Darbhanga.

10. Md. Jamal Husain, S/O Abdul Kudus, R/O Village + P.O. + P.S.- Jamalpur, Distt.- Darbhanga.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Rajendra Pd. Singh, Sr. Advocate and Mr. Mukesh Kumar Singh, Advocate.

For the State : Mr. Kunal Tiwary, A.C. to G.A. 2. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2017 Heard learned senior counsel for the petitioner and learned counsel for the State.

In the present writ application, the following reliefs have been sought for by the petitioner.

" 1. That this is an application for issuance of an appropriate writ (s), order(s) or direction(s) for quashing of the order contained in Memo No.

Patna High Court CWJC No.15881 of 2011 (9) dt.11-10-2017 2/3 876 dated 18.08.2011 passed and issued under the signature of the Member, District Teacher Appointment Appellate Authority, Darbhanga in Case No. 74/10, whereby and whereunder appointment of petitioner on the post of Panchayat Teacher has been cancelled and further for a direction to the respondent to pay the salary to the petitioner from 31.03.2007 to till date as well as on month to month basis and during the pendency of writ application may stay the operation of impugned order contained in Memo No. 876 dated 18.08.2011 to this application."

The order under challenge is passed by the District Teachers Employment Appellate Authority, Darbhanga. The statutory remedy lies before the State Appellate Authority. It is further submitted by learned senior counsel for the petitioner that the case of the petitioner is covered by the issue already decided in L.P.A. No. 984 of 2014 (Manohar Prasad Vs. The State of Bihar & Ors), decided on 06.01.2016, reported in 2016(2)PLJR 474.

Considering the submissions made on behalf of the parties, the petitioner is directed to prefer an appeal before the State Appellate Authority within a period of thirty days from the date of the order, which shall be disposed of in accordance with

Patna High Court CWJC No.15881 of 2011 (9) dt.11-10-2017 3/3 law within the statutory period.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U