Tanmayee Sarkar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5195 of 2016 ====================================================== Tanmayee Sarkar D/o Parimal Kumar Sarkar Resident of Mohalla- Grain Shop Para, P.S Katihar, District Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar , through the Secretary Department of Human Resources, Government of Bihar, Patna.

2. The District Magistrate, Katihar, District Katihar.

3. The Deputy Development Commissioner, Katihar,District Katihar.

4. The District Teachers Appointment Appellate Authority Katihar.

5. The District Superintendent of Education, Katihar, District Katihar.

6. The District Programme Officer, Establishment, Katihar.

7. The Block Development Officer, Block Katihar, District Katihar.

8. The Block Education Extension Officer-cum-Secretary Block Teacher Appointment Unit, Katihar.

9. The Block Appointment Committee through the Secretary Teacher Appoinment Unit Katihar.

10. Smt. Sanyugta Wife of Naresh Kumar Resident of Mohalla Mofarganj, P.S Katihar town, District Katihar, Presently posted as a teacher at Chhansat Panchayat Barari Block District Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Respondent/s :

Mr. Anil Kumar, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Despite service of two copies of the writ petition on the office of the Advocate General on 14.3.2016 itself no counter affidavit has been filed on behalf of the respondents nor even the grievance of the petitioner has been redressed. Learned counsel for the petitioner submits that in Appeal Case No. 2103 of 2010, the District Teachers

Patna High Court CWJC No.5195 of 2016(2) dt.02-04-2018 2/2 Employment Appellate Authority, Katihar has passed order in favour of the petitioner on 23.7.2012 yet the respondents have not complied with the direction of the appellate authority. The order of the Tribunal is binding on all unless reversed by competent authority or the Court. In the instant case the respondent-authorities cannot sit in appeal and ignore the direction issued by the District Teachers Employment Appellate Authority.

Considering the above, the writ petition is disposed of with the direction to the District Programme Officer, (Establishment), Katihar to act strictly in accordance with the order passed by the District Teachers Employment Appellate Authority, Katihar in Appeal Case No. 2103 of 2010 in its letter and spirit within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U