The State Of Bihar And ANR v. The District Teacher Appelalte Tribunal And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 19510 of 2016 ===========================================================
1. The State of Bihar through the Collector, Bhojpur at Ara.
2. The Block Development Officer, Sahar Block Sahar, District - Bhojpur. .... .... Petitioner/s
Versus
1. The District Teacher Appellate Tribunal, Bhojpur at Ara.
2. Sangeeta Kumari, Daughter of Ranglal Ram, Resident of Village - Ganjbharsara, Police Station - Dinara, District - Rohtas at Sasaram.
3. Rina Kumari, Daughter of Akshay Lal Paswan, Resident of Village - Dumariya, Police Station - Charpokhari, District - Bhojpur at Ara.
4. Busara Parveen, Daughter of Md. Amin, Resident of Village - Aabgila, Police Station - Sahar, District - Bhojpur at Ara.
5. Tariq Mahboob, Son of Abdul Sattar, Resident of Village - Aabgila, Police Station - Sahar, District - Bhojpur at Ara.
6. Dhrub Narayan Tiwari, Son of Late Harikishore Tiwari, Resident of Village - Janaidih, Police Station - Chouri Bhojpur, District - Bhojpur at Ara.
7. Ganesh Prasad Yadav, Son of Sri Deo Kumar Yadav, Resident of Village - Siwanchak, Police Station - Barhara, District - Bhojpur at Ara.
8. Rita Kumari, Wife of Bijay Kumar Rai Resident of Village - Purhara Bhojpur, Police Station - Chouri, District - Bhojpur at Ara.
9. Md. Firoz Alam, Son of Md. Idrish, Resident of Village - Pakari Katira, Police Station - Nawada, District - Bhojpur at Ara.
10. Dharam Nath Singh, Son of Late Collector Singh, Resident of Village - Hatimganj, Police Station - Sahar, District - Bhojpur at Ara.
11. Chandan Kumar, Son of Baijnath Prasad, Resident of Village - Nawada, Police Station - Sahar, District - Bhojpur at Ara.
12. Md. Farooq Ansari, Son of Md. Habib Ansari, Resident of Village - Jagdishpur, Police Station - Jagdishpur, District - Bhojpur at Ara.
13. Shashikant Kapoor, Son of Ashok Kumar, Resident of Village - Baliyari, Police Station - Bikram, District - Patna.
14. Usha Kumari, Daughter of Mednath Singh, Resident of Village - Bhaluni Narayanpur, Police Station - Narayanpur, District - Bhojpur at Ara.
15. Kumari Dewanti, Daughter of Radhakrishna Prasad, Resident of Village - Mathurapur, Police Station - Sahar, District - Bhojpur at Ara.
16. Satish Sarkar, Son of Ramvinay Paswan, Resident of Village - Mathurapur, Police Station - Sahar, District - Bhojpur at Ara.
17. Ruby Kumari, Daughter of Chandra Ram, Resident of Village - Sahar, Police Station - Sahar, District - Bhojpur at Ara.
18. Usha Kumari, Wife of Sanjay Singh, Resident of Village - Sakhuana, Police Station - Sahar, District - Bhojpur at Ara.
19. Jitendra Kumar, Son of Yamuna Singh, Resident of Village - Kurwan Tola, Police Station - Sahar, District - Bhojpur at Ara.
20. Usha Kumari, Daughter of Hardeo Singh, Resident of Village - Sakhubhana, Police Station - Sahar, District - Bhojpur at Ara.
21. Shambhu Shankar, Son of Manu Ram, Resident of Village - Chilhaus, Police Station - Sandesh, District - Bhojpur at Ara.
22. Kamendra Pandey, Son of Awadh Bihari Pandey, Resident of Village - Diul, Jagdishpur, Police Station - Jagdishpur, District - Bhojpur at Ara.
23. Geeta Bharati, D/o - Anant Ram, Resident of Village - Kurwan Tola, Police
2/4 Station - Sahar, District - Bhojpur at Ara.
24. Birendra Rai, Son of Rajiv Nandan Rai, Resident of Village - Akwari, Police Station - Sahar, District - Bhojpur at Ara.
25. Dharmendra Kumar Singh, Son of Sri Parmanand Singh, Resident of Village - Khopira, Police Station - Pawna, District - Bhojpur at Ara.
26. Satyendra Kumar Singh, Son of Sri Parmanand Singh, Resident of Village - Khopira, Police Station - Pawna, District - Bhojpur at Ara.
27. Shailendra Kumar Mishra, Son of Sri Anand Kumar Mishra, Resident of Village - Sonbarsa, Police Station - Charpokhari, District - Bhojpur at Ara.
28. Rinki Kumari Rai, Daughter of Sri Gupteshwar Rai, Resident of Village - Mahabir Tola, Nawada, Police Station - Nawada, District - Bhojpur at Ara.
29. Deepika Kumari, Wife of Sudhir Kumar, Resident of Mohalla - Ara, M.P. Bagh, Police Station - Ara, District - Bhojpur at Ara.
30. Satyendra Prasad, Son of Kalicharan Prasad, Resident of Village - Sahar, Police Station - Sahar, District - Bhojpur at Ara.
31. Nand Gopal Mauar, Son of Balmuni Mauar, Resident of Village - Kharauna Kala, Police Station - Sahar, District - Bhojpur at Ara.
32. Bimal Kumar Singh, S/o - Sri Hari Narayan Singh, Resident of Village - Chilhar Police Station Sandesh, District Bhojpur at Ara.
33. Nikhat Rahman, Wife of Md. Farhan Ahmad, Resident of Village - Khetari Mohalla - Ara, District - Bhojpur at Ara.
34. Punam Kumari, Daughter of Ramayan Paswan, Resident of Village - Mushwat, Police Station - Natwar, District - Rohtas.
35. Sunita Kumari, D/o - Sri Rameshwar Singh, R/o Village - Bahuara, Post - Dhanduha, P.S. - Sahar, District - Bhojpur (Upgraded Middle School, Bahuara).
36. Basant Kumar Singh, S/o - Sri Chandradeo Singh, Resident of Village - Bhadeya, Post - Basantpur, P.S. - Mufasil/Ara, District - Bhojpur (Ara) (Upgraded Middle School Ekwari Yadav Tola, Bhojpur, Ara).
37. Anjani Kumar Srivastava, S/o - Sri Keshav Prasad Srivastava, Resident of Village - Maulabad/Kafria Ara, Bhojpur, (Upgraded Middle School Ekwari Dakshin Tola), Bhojpur, Ara.
38. Jaishankar Prasad Singh, Son of Baliram Singh, Resident of Village - Chanda Deo, Police Station - Sikrahata, District - Bhojpur at Ara.
39. Punam Kumari, Daughter of Awadh Bihari Rai, Resident of Village - Nawadih, Police Station - Karakat, District - Rohtas at Sasaram.
40. Rukshana Khatoon, Daughter of Md. Rafique, Resident of Village - Sikarahata Khurd, Police Station - Sikarahata, District - Bhojpur at Ara.
41. Subhadra Singh, Daughter of Sriram Singh, Resident of Village - Narayanpur, Police Station - Narayanpur, District - Bhojpur at Ara.
42. Md. Afroj Alam, S/o - Late Islam Ansari @ Md. Islam R/o Village + Post - Sahar, P.S. - Sahar, Block - Sahar, District - Bhojpur.
43. Md. Kalmuddin, S/o Md. Nizamuddin R/o Village - Kauram Dehri, P.O. - Peur, P.S. - Sahar, Block Sahar, District - Bhojpur. At present posted as Urdu Teacher Middle School Dullam Chak, Block Sahar, District- Bhojpur.
44. Md. Hasamuddin, S/o Late Zabar Ali R/o Village - Harigaon, P.O. - Saneya Bahta, P.S. - Jagdishpur, District - Bhojpur. At present posted as Urdu Teacher Middle School Chhatarpur, Block - Sahar, District - Bhojpur.
45. Soni Kumari D/o Shyam Bihari Singh R/o Village - Arwal, Sipah, P.O. + P.S. - Arwal, District - Arwal, at present Block Teacher Middle School Ekwari, Sahar, Bhojpur.
46. Vidya Sinha, W/o - Surendra Prasad R/o - Mohalla - K.G. Road, Ara, P.S. - Ara
3/4 Nawada, District - Bhojpur, at present Block Teacher Madhya Vidlaya, Fatehpur Mathiya, Anchal - Sahar, Bhojpur.
47. Manju Kumari W/o - Sineshwar Singh, R/o Village - Apvila, Sahar, District - Arwal, At present Block Teacher Madhya Vidlaya, Ekwari, Sahar, Bhojpur.
48. Farha Naz, Daughter of Late Abdul Aziz, Resident of Milki Mohalla, Police Station - Town, District - Bhojpur at Ara.
49. Aftab Alam, S/o Md. Kasamat Ali At+ P.O. Ekbari, P.S. -Sahar, DistrictBhojpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar, A.C. to G.A. 12 For the Respondent/s :
Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajiv Kumar Singh, Advcoate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-04-2017 Heard learned counsel for the petitioners and the private respondents.
2. At the very outset, learned counsel for the petitioners sought permission to withdraw the writ application with liberty to move before the State Teachers Employment Appellate Authority, which has jurisdiction to entertain an appeal against the order impugned dated 24.02.2016 passed by the District Teachers Employment Appellate Authority, Bhojpur in Appeal Case No. 18 of 2015 and its analogous cases.
3. Learned counsel for the private respondents submitted that the State Authorities are harassing them and the case of the State has no merit. He further submitted that the State Appellate Authority has no jurisdiction to hear such appeal.
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4. Be that as it may, the writ petition stands disposed off as withdrawn with liberty to the petitioners to move before the statutory State Appellate Authority.
5. It goes without saying that the private respondents shall be at liberty to contest the appeal on all grounds available to them, including that of maintainability. (Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U