Manju Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3004 of 2018 Arising out of Civil Writ Jurisdiction Case No.16289 of 2015 ====================================================== Manju Singh Daughter of Ram Narayan Singh Resident of Village - Tetariyan, Police Station - Charpokhari, District - Bhojpur at Ara. Presently posted as Panchayat Teacher in Primary School, Tetariyan within Manjhiyaon Panchayat, Bhojpur at Ara.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Collector, Bhojpur at Ara.

4.

The Sub-Divisional Officer, Piro, Bhojpur.

5.

The District Programme Officer (Establishment), Bhojpur at Ara. 6.

The District Panchayat Raj Officer, Bhojpur at Ara. 7.

The District Education Officer, Bhojpur at Ara. 8.

The Block Development Officer, Charpokhri, Bhojpur. 9.

Sri Ramhulas Tiwari, Mukhiya, Gram Panchayat Manjhiyaon, Charpokhri Block, District - Bhojpur at Ara 10.

Sri Shivjee Singh, Panchayat Secretary, Gram Panchayat Manjhiyaon, Charpokhri Block, District - Bhojpur at Ara.

11.

The District Teacher Employment Appellate Authority, Bhojpur at Ara. 12.

Soni Kumari Daughter of Sri Yamuna Sah Presently posted as Panchayat Teacher in Primary School, Tetariyan within Manjhiyaon Panchayat, Bhojpur at Ara.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navnit Kumar, Advocate For the Opposite Party/s :

Mr. Ashutosh Ranjan Pandey, AAG- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-03-2019 Heard learned counsel for the petitioner and learned A.A.G-15 for the State.

Patna High Court MJC No.3004 of 2018 dt.13-03-2019 2/3

2. The present application has been filed seeking modification in the judgment dated 10.07.2018 passed in C.W.J.C. No. 16289 of 2015.

3. Learned counsel for the petitioner submitted that by the said judgment, liberty was granted to the petitioner to move before the State Appellate Authority. However, it was submitted that already there was an order in favour of the petitioner passed by the District Teachers Employment Appellate Authority, Bhojpur at Ara dated 07.12.2010/17.01.2011 passed in Appeal Case No. 86 of 2010 and, thus, the petitioner had sought liberty to move before the State Appellate Authority for implementation of the order. It was submitted that due to inadvertence, in paragraph no. 2 of the judgment dated 10.07.2018 in C.W.J.C. No. 16289 of 2015, it has been written that the liberty asked was for moving before the State Appellate Authority against the order dated 07.12.2010/ 17.01.2011. Learned counsel prayed for modification of such direction.

4. Learned A.A.G.-15 does not dispute the fact that such direction has been caused due to inadvertence.

5. Having regard to the aforesaid, the judgment dated . 10.07.2018 in C.W.J.C. No. 16289 of 2015 stands modified to the extent that at paragraph no. 2 in the submission recorded of

Patna High Court MJC No.3004 of 2018 dt.13-03-2019 3/3 learned counsel for the petitioner seeking liberty to move before the State Appellate Authority, in place of the word "against", the words "for implementation of ", be substituted.

5. As the order has been modified today, the Court deems it appropriate to extend the time granted to the petitioner to move before the State Appellate Authority. The same stands extended by a further period of four weeks from today.

6. Accordingly, the judgment dated 10.07.2018 in C.W.J.C. No. 16289 of 2015 stands modified to the extent indicated above.

7. The application stands disposed off.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T