Bhagwan Prasad And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1530 of 2014 IN Civil Writ Jurisdiction Case No. 7398 of 2013 ===========================================================
1. Bhagwan Prasad Son of Shri Krishna Bhagat
2. Nidhi Kumari, wife of Shri Bhagwan Prasad, Both are resident of VillageTewatha, P.O.- Bangra, Police Station- Maharajganj, District- Siwan .... .... Appellants
Versus
1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna
2. The Director, Primary Education, Bihar, Patna
3. The District Magistrate, Siwan
4. The District Education Officer, Siwan
5. The District Programme Officer (Establishment), Siwan
6. The Prakhand Pramukh, Maharajganj Prakhand, District- Siwan
7. The Block Development Officer, Maharajganj Block, District- Siwan
8. The Block Education Officer, Maharajganj, District- Siwan
9. The Member, District Teacher's Employment Appellate Authority, Siwan .... .... Respondents =========================================================== Appearance :
For the Appellants : Mr. Ravindra Nath Dubey, Advocate For the Respondent State: Mr. Madhaw Pd. Yadav, GP-23 Mr. Rajesh Kumar Sinha, AC to GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 09-05-2017 Heard counsel for the appellants and counsel for the State. Perused the order dated 22.07.2014 passed in C.W.J.C. No. 7398 of 2013.
Besides the reason, which have been provided by the learned single Judge for dismissing the writ application, this Court is further not inclined to interfere with the said decision, firstly, because the facts are not verifiable and, secondly, since the
Patna High Court LPA No.1530 of 2014 dt.09-05-2017 2/2 appellants had raised a grievance before the Tribunal in the year 2012 when the appointments related to the year 2008. Settled position cannot be unsettled on ipsi dixit especially when concurrent findings are there.
Appeal is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.05.2017 Transmission Date N/A