Geeta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5542 of 2014 =========================================================== Geeta Devi W/O Madan Rai The Mukhiya Gram Panchayat Raj Bariyarpur, P.S. Sitamarhi, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Principal Secretary, Education Department, Government Of Bihar, Patna

2. The Teacher Appointment Appellate Authority, Sitamarhi

3. The District Program Officer (Establishment), Sitamarhi, District - Sitamarhi

4. The Block Development Officer, Block Office Dumra, District - Sitamarhi

5. The Block Education Officer, Dumra District Sitamarhi

6. Naveen Paswan Son Of Shri Rajendra Paswan Resident Of Village Dumra, Ward No. 5, P.O And P.S. Dumra, District - Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr. Amar Nath Deo =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 26-02-2016 Heard learned counsel for the parties.

Since in the writ application filed by Respondent No. 6, which was C. W. J. C. No. 25019 of 2013, decided on 08.01.2014, the Learned Single Judge categorically held that no direction can be issued for implementation of the order, passed by the tribunal, since it is bad, both in fact and law and the writ application was dismissed. If that be so, then the petitioner succeeds, because the tribunal's order is not required to be implemented. No pressure can be brought upon her to implement the order and direction, which has

Patna High Court CWJC No.5542 of 2014 dt.26-02-2016 2/2 held to be bad in law.

Writ application stands allowed.

(Ajay Kumar Tripathi, J) SKM/- U