Patna High CourtL.P.A/1465/2013dismissed

The State Of Bihar And ORS v. Md.Sham Uddin And ORS

2017-02-27Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1465 of 2013 IN Civil Writ Jurisdiction Case No. 10329 of 2008 ===========================================================

1. The State Of Bihar through Secretary Department Of General Administraton, Govt. Of Bihar, Patna

2. The District Magistrate, Begusarai

3. The District Education Officer, Begusarai

4. The B.D.O. Balia, Police Station Balia, District Begusarai .... .... Appellants

Versus

1. Md.Sham Uddin Son of Sri Habi Uddin Resident of Village Chhoti Balia Upper Total, Police Station Balia, District Begusarai

2. The Mukhia Gram Panchayat Balia, Lakhmina - 1, Police Station Balia, District Begusarai

3. The Deputy Registrar of Lokayukta Bihar - 4, Kautilya Marg, Patna

4. Iqbal Rasood Son Of Md. Shamsher Ali Resident Of Village Chhoti Balia, Saidan Chak, Police Station Balia, District Begusarai

5. Md. Shaban Haider Son of Sultan Ahmad Resident of Village Nirdah Tola, Police Station Balia, District Begusarai .... .... Respondents =========================================================== Appearance :

For the Appellants : Mr. Ramadhar Singh, GP-25 For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 27-02-2017 Since there is extraordinary delay of one year and 11 days, which has not been satisfactorily explained, the condonation application filed through I.A. No. 8129 of 2013 is required to be dismissed.

Even on merits, in view of the decision rendered by the Full Bench in the case of Kalpana Rani Vs. State of Bihar & Ors, reported in 2014(2) PLJR 665, no person could be either appointed

Patna High Court LPA No.1465 of 2013 dt.27-02-2017 2/2 on the post of Panchayat Shiksha Mitra or could be directed to be absorbed as a Panchayat Teacher after 01.07.2006, the appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.02.2017 Transmission Date N/A