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Patna High CourtCWJC/12521/2016disposed

Birendra Kumar Thakur v. The State Of Bihar And ORS

2018-05-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12521 of 2016 =========================================================== Birendra Kumar Thakur, Son of Sri Ram Narayan Thakur, Resident of village - Sukki Musharniya, P.S. Parihar, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

2. The Director, Primary Education Department, Government of Bihar, Patna

3. The District Magistrate, Sitamarhi, District Sitamarhi

4. The District Education officer, Sitamarhi, District Sitamarhi

5. The District Programme officer ( Establishment ), Sitamarhi, District Sitamarhi

6. The Block Development officer, Pahihar, District Sitamarhi

7. The Block Education officer, Pahihar, District Sitamarhi

8. The Panchayat Teacher Employment Unit, Gram Panchayat Raj Betha, Block - Parihar, District Sitamarhi through its Secretary

9. The Mukhiya Gram Panchayat Raj Betha, Block - Parihar, District Sitamarhi

10. The Panchayat Secretary, Gram Panchayat Raj Betha, Block - Parihar, District - Sitamarhi .... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 13256 of 2015 =========================================================== Birendra Kumar Thakur, Son of Sri Ram Narayan Thakur, Resident of Village - Sukhi Musharniya, P.S. - Parihar, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education Department, Government of Bihar, Patna.

3. The District Magistrate, Sitamarhi, District Sitamarhi.

4. The District Teachers Employment Appellate Authority, Sitamarhi, District - Sitamarhi.

5. The District Education Officer, Sitamarhi, District - Sitamarhi.

6. The District Programme Officer, Establishment, Sitamarhi, District - Sitamarhi.

7. The Block Development Officer, Parihar, District - Sitamarhi.

8. The Block Education Officer, Parihar, District - Sitamarhi.

9. The Gram Panchayat Raj Betha, Parihar, District - Sitamarhi through its Secretary.

10. The Mukhiya Gram Panchayat Raj Betha, Parihar, District - Sitamarhi.

11. The Panchayat Secretary, Gram Panchayat Raj Betha, Parihar, District - Sitamarhi. .... .... Respondent/s =========================================================== Appearance :

(In CWJC No.12521 of 2016) For the Petitioner/s : Mr. Mrityunjay Kumar For the Respondent/s : Mr. Madanjeet Singh, GP-20 Mr. Narendra Kumar, AC to GP-20 (In CWJC No.13256 of 2015) For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Kumar Vikram, AC to GA-11

Patna High Court CWJC No.12521 of 2016 dt.10-05-2018 2/2 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 10-05-2018 Learned counsel for the petitioners submits that in view of the fact that at the relevant time when the petitioners has filed the present writ application the State Appellate Authority was not functional.

In view of the fact that the State Appellate Authority is now functional, the petitioners are granted liberty to approach the State Appellate Authority.

In case, such appeal is filed by the petitioners within a period of one month from today along with a copy of this order, the State Appellate Authority is required to decide the appeal in accordance with law on its own merit after condoning the delay, if any, in filing the appeal in view of the fact that the writ applications are pending before this Court for nearly two years. With the aforesaid, both the writ applications are disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.06.2018 Transmission Date