Lalit Mohan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17455 of 2014 ======================================================

1. Lalit Mohan Kumar Son of Sri Lalan Singh, resident of villageHasanpur, P.O. + Panchayat- Chakand, Block & P.S.- Chandauti, at District- Gaya, Pin Code No.- 804404 .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Magadh Division, Gaya at District- Gaya null null

3. The District Magistrate, Gaya at District- Gaya

4. The District Superintendent of Education, Gaya at District- Gaya

5. The District Education Officer, Gaya at District- Gaya

6. The Block Development Officer, City Block Gaya at District- Gaya

7. The District Teacher Employment Appellate Tribunal, Gaya at DistrictGaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the Respondents : Mr. K.K. Jha, AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2017 In the present writ application, the following reliefs have been sought for :

"(i) For quashing the order contained in order passed in Case No.716/09 contained in Memo No.2712 dated 17.12.09 (Annexure-6) paragraph9 of the said order by which the Learned Appellate Tribunal (Respondent No.7) observed that the petitioner can't be employed on the post of Panchayat Siksha Mitra (Now Panchayat Teacher) and no order can be passed for employment of the petitioner, even after proving that the appointment made on his place was illegal and the same has been ordered to be cancelled.

Patna High Court CWJC No.17455 of 2014 (3) dt.02-08-2017 2/2 (ii) For giving a direction to appoint the petitioner on the post of Panchayat Siksha Mitra (Now Panchayat Teacher) in Gram Panchayat, Chakand alongwith all consequential benefits, from the date his entitlement in view of the order passed by the Respondent No.7 (Annexure-6) of this writ petition.

(iii) For giving a direction not to fill up the vacant post of the Panchayat Siksha Mitra Now Panchayat Teacher as arises from the order impugned till disposal of the writ petition." It has been submitted on behalf of the petitioner that similar order was under challenge in C.W.J.C. No.2426 of 2010 and a detailed order has been passed in the said writ application vide order dated 14.03.2013. The case of the petitioner is governed by the order passed in the said writ application. The submission made on behalf of the petitioner is not controverted by the Counsel for the State. Considering the same, the present writ application is disposed of in terms of the order dated 14.03.2013 passed in C.W.J.C. No.2426 of 2010.

(Sudhir Singh, J) Narendra/- U