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Patna High CourtCWJC/7771/2012disposed

Sheela Kumari v. The State Of Bihar And ORS

2018-08-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7771 of 2012 ====================================================== Sheela Kumari Daughter Of Sri Hira Lal Ram Resident Of VillageBishunpura, P.S.-Udwantnagar, O.P.-Gajrajganj, District-Bhojpur (Ara) ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The District Collector Bhojpur (Ara)

3. The District Collector Bhojpur (Ara) Null Null

4. The Programme Officer Bhojpur (Ara)

5. The Block Development Officer Udwantnagar Bhojpur (Ara)

6. The Block Education Officer Udwantnagar Bhojpur, Ara

7. The Panchayat Secretary Gram Panchayat Raj Nawada Ben Block Udwant Nagar, District-Bhojpur, Ara

8. The Headmaster Primary School Harnath Kundi, P.S. Udwant Nagar O.P. Gajrajganj, District-Bhojpur (Ara) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay For the Respondent/s :

Mr. Sanjay Kr No.1 Sc12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2018 Learned counsel appearing on behalf of the petitioner admits that without availing statutory remedy he has approached this Court. He submits that in similar matter, the LPA Court remanded the matter back to the Writ Court and thereafter in C.W.J.C. No. 10072 of 2012 the matter was remanded back to the District Teachers Employment Appellate Authority. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to first approach the District Teachers Employment Appellate Authority who shall examine the claim of the petitioner in accordance with law and also consider the similarity of her case with the case of appellant in

Patna High Court CWJC No.7771 of 2012(7) dt.10-08-2018 2/2 Appeal No. 72 of 2014. In case, such appeal is filed by the petitioner within a period of one month from today alongwith the copy of this order, the Appellate Authority will decide the appeal on its own merit after condoning the delay in filing the appeal in view of the fact that for the last six years the petitioner was pursuing remedy before this court. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U