Santi Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11868 of 2011 ====================================================== Santi Kumari, W/O Sri Asheshwar Yadav, R/V- Bijal Para Arer, P.S. Khirahar, Distt. Madhubani.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. The Principal Secretary H.R.D. Department Govt. Of Bihar Patna.

3. The Director Primary Education H.R.D. Department Govt. Of Bihar Patna.

4. The District Magistrate Madhubani.

5. The District Education Officer, Madhubani.

6. The District Programme Officer Madhubani.

7. Member District Teacher Employment Appellate Authority, Madhubani.

8. The Block Development Officer, Benipatti, Madhubani.

9. The Block Education Officer, Benipatti, Madhubani.

10. The Mukhiya Mureth Gram Pancghayat Benipatti Madhubani.

11. The Panchayat Secretary Mureth Gram Pancghayat Benipatti Madhubani.

12. Sujay Kumar, S/O Sri Kaushal Kishore Mishra Khirahar Distt. Madhubani.

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Respondents : Mr. Rakesh Kr Samrendra Sc21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

The present writ application has been preferred by the petitioner against the order dated 01.06.2011, vide Memo No. 293 dated 07.06.2011, passed by the Member, District Teachers' Employment Appellate Authority, Madhubani.

Learned counsel for the petitioner seeks permission to

Patna High Court CWJC No.11868 of 2011 (5) dt.12-07-2017 2/2 withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority which has been constituted vide Notification No. 7/B 3-80/2011-513 dated 13.05.2015, challenging the order dated 01.06.2011, vide Memo No. 293 dated 07.06.2011 passed by the Member, District Teachers' Employment Appellate Authority, Madhubani. Permission is accorded.

The petitioner shall file an appeal before the State Appellate Authority within a period of thirty days from the date of the order which should be disposed of in accordance with law within the statutory period.

It has been submitted on behalf of learned counsel for the petitioner that the respondent no. 12 has already joined in another school. For the said reason, the petitioner is continuing in service. If so advised, the petitioner may file a separate application alongwith her appeal before the State Appellate Authority for any interim relief as sought for by her, during the pendency of the appeal.

With the aforesaid observation and direction, the present writ application stands disposed of.

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