Patna High CourtCWJC/11011/2011disposed

Usha Kumari v. The State Of Bihar And ORS

2017-07-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11011 of 2011 ====================================================== Usha Kumari, W/O Vinkatesh Kumar Pathak, D/O Nathuni Mishra R/O Mohalla- Gordhna Road, Co-Operative Colony, Ara, P.O.- Anaith, P.S.- Nawada, Distt.- Bhojpur.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna.

3. The District Superintendent of Education, Bhojpur, Ara.

4. The Block Education Extension Officer, Barahara, Bhojpur.

5. The Panchayat Secretary Village Gram Panchayat, Bhabhangawan, Block- Barahara, Distt.- Bhojpur.

6. The District Teachers Appointment Appellate Authority Bhojpur, Through Its Member.

7. Anupama Pandey D/O Sidheshwar Kumar Pandey R/O Vill.- Agarpur, P.O.- Babhangawan, P.S.- Barahara, Distt.- Bhojpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Singh, Sr. Advocate and Mr. Shitanshu Shekhar Mishara, Advocate.

For the State : Mr. Maruth Nath Roy, A.C. to S.C. 4. For the Respondents : Mr. Ranjit Kr. Advocate. ====================================================== 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 28.05.2011, passed in Appeal No. 33/2010 by the Member, District Teachers' Employment Appellate Authority, Bhojpur, Learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer an

Patna High Court CWJC No.11011 of 2011 (3) dt.12-07-2017 2/2 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 Memo No. 290 dated 23.06.2011 passed in Appeal No. 33/2010 by the Member, District Teachers' Employment Appellate Authority, Bhojpur.

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 13.07.2011. 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.

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