Md. Abu Quamar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7326 of 2023 ====================================================== Md. Abu Quamar S/o Sultan Ahmed, R/o - Village - Mohanpur, Saharsa, Balwahat, P.O. - Balwahat, P.S. Simri Bakhtyarpur, Bihar, Pincode - 852106, District - Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar Through The Chief Secretary Old Secretariat Patna. 2.

The Director, Primary Education, Bihar, Patna. 3.

The Deputy Directory, Primary Education, Bihar, Patna. 4.

The District Magistrate, Saharsa.

5.

The District Education Officer, Saharsa.

6.

The District Programmer Officer, (Establishment), Saharsa. 7.

The Block Development Officer, Simri Bakhtiyarpur, Saharsa. 8.

Block Education Officer, Simri Bakhtiyarpur, Saharsa. 9.

Mukhiya, Gram Panchayat Mohanpur, Simri Bakhtiyarpur, Saharsa. 10.

Panchayat Sachiv cum Member Secretary, Gram Panchayat, Mohanpur, Simri Bakhtiyarpur, Saharsa.

11.

Nand Lal Paswan, S/o Guneshwar Paswan, R/o Village - Nauranga, Post - Keshav Nagar, P.S. - Choutham, District - Khagaria 851201. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Kaushal For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) Mr. Jai Prabhat Kishore, AC to SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-01-2025 Heard learned counsels for the parties.

2.

The present writ application has been filed on behalf of the petitioner for the following reliefs:- (i) For setting aside the order issued vide memo No.02 dated 08.04.2022, passed by Panchayat Secretary (Respondent No.10) by which the employment of petitioner has been cancelled Niyojit Teacher pursuant to decision taken vide proposal no.07, dated 29.03.20200 in light of order passed in

Patna High Court CWJC No.7326 of 2023(3) dt.28-01-2025 2/2 CWJC No.14549 of 2017 by this Court.

(ii) For setting aside the consequential letter issued vide memo No.3 dated 08.04.2022, by respondent no.10 by which private respondent No.11 has been appointed on the post of petitioner.

(iii) For releasing the arrears for the period from 15.04.2008 to 27.05.2010 and from 09.02.2021 to 27.05.2010 and further from 09.02.2021 to till date.

(iv) For quashing of the order dated 11.11.2022, passed by the State Appellate Authority in O.A. No.620/2022 whereby the appeal preferred by the petitioner has been rejected.

3.

In view of the arguments of the parties, I set aside the Office order dated 11.11.2022, passed in O.A. No.620 of 2022. The petitioner is directed to approach the concerned District Appellate Authority for consideration of his matter within a period of four weeks from today and the District Appellate Authority is directed to consider the case of the petitioner and disposed the same by passing a reasoned and speaking order in accordance with law as expeditiously as possible after hearing the parties.

4.

With the aforesaid direction, this application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U