Patna High CourtL.P.A/655/2014allowed

Sabaiya Khatoon And ANR v. The State Of Bihar And ORS

2015-05-13The Chief Justice,Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.655 of 2014 In Civil Writ Jurisdiction Case No. 2908 of 2014 ======================================================

1. Sabaiya Khatoon W/O Md. Mahafuj , Resident of Jafra, Panchayat Panari, Post (Sripur) P.S. Belaganj, District - Gaya.

2. Upendra Kumar Sinha S/O Ram Chandra Sinha R/O village - Hemant Bigha, P.O. Samaspur, Panchayat Panari, P.S. Belaganj, Dist. Gaya. .... .... Appellant/s

Versus

1. The State of Bihar through the District Magistrate, Gaya.

2. The District Education Officer, Gaya.

3. The Block Development Officer, Gaya.

4. The Block Education Officer, Belaganj, Dist. Gaya.

5. The Panchayat Sachiv, Panchayat Panari P.S. Belaganj, Dist. Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Manish Chandra Gandhi For the Respondent/s : Mr. Kritya Nand Jha, AC to SC 29 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-05-2015 Learned counsel for the appellants and learned counsel for the respondents submit that the subject matter of this Letters Patent Appeal is the same as one in LPA No. 419 of 2015. Following the same, we allow the Appeal and set aside the order under appeal passed by the learned Single Judge. We also set aside the order dated 24.4.2007, passed by the 1st respondent in the writ petition against the petitioners and direct

Patna High Court LPA No.655 of 2014 (3) dt.13-05-2015 2/2 that they shall be reinstated forthwith. However, they will not be entitled to any back wages for the period during which they were out of service. If any individual has already been appointed against the post held by each of the appellants, he shall be continued on ad hoc basis till a regular vacancy arises.

Interlocutory application, if any, stands disposed of. There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Sudhir Singh, J) mrl U