Bandana Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12037 of 2011 ====================================================== Bandana Kumari, W/O Sanjay Kumar Jha, R/O Vill- Dumari Kalan, P.S.- Majorganj, Distt-Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Development Department , New Secretariat, Vikas Bhawan , Bailey Road, Patna.

2. District Superintendent of Education. Sitamarhi.

3. Block Education Extension Officer, Majorganj Block Distt-Sitamarhi.

4. Mukhiya, Gram Panchayat Raj Khairwa, Majorganj,Distt-Sitamarhi.

5. Panchayat Secretary (Panchayat Sachiv) Gram Panchayat Raj Khairwa, Majorganj, Distt-Sitamarhi.

6. District Teacher Appointment Appellate Tribunal, Sitamarhi, Through Its Chairman.

7. Sangita Kumari D/O Sri Amar Singh R/O Vill-Majkothwa , P.S.- Majorganj, Distt-Sitamarhi.

8. Head Mistress, Elementary School, Babania Tola Gram Panchayat Raj Kairwa, Sitamarhi.

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

For the Petitioner : Mr. Kishore Kumar Thakur, Advocate. For the Respondents : Mr. Girija Shankar Pd Gp1 ====================================================== 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 31.05.2011, passed in Case No. 92 and 220/2010 by the Member, District Teachers' Employment Appellate Authority, Sitamarhi.

Learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority which has been

Patna High Court CWJC No.12037 of 2011 (4) dt.12-07-2017 2/2 constituted vide Notification No. 7/B 3-80/2011-513 dated 13.05.2015, challenging the order dated 31.05.2011 passed in Case No. 92 and 220/2010 by the Member, District Teachers' Employment Appellate Authority, Sitamarhi.

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 pointed out on behalf of learned counsel for the petitioner that an interim order in favour of the petitioner was passed directing to maintain status quo vide order dated 27.07.2011. In light of the said order, the petitioner is still continuing in service. The petitioner will be at liberty to file a separate application alongwith her appeal before the State Appellate Authority, if so advised, 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.

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