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Patna High CourtCWJC/22805/2012disposed

Pooja Kumari And ORS v. The State Of Bihar And ORS

2017-08-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22805 of 2012 ======================================================

1. Pooja Kumari W/O Sanjay Kumar Mandal Resident Of VillageKumiyahi, P.S- Triveniganj, District- Supaul, C/O Sri Shambhu Singh Resident Of Tetrabad Chandpura, P.S & District Khagaira At Present Working As Panchayat Teacher In Primary School Chharapatti, Bela Simri, Block & District- Khagaria.

2. Satan Kumar S/O Vijay Kumar Rai Resident Of Village- Giddha, P.OKandi, P.S- Hasli, District- Lakhisarai, A/P Resident Of Bhagat Tola (Mathurapur) P.S & District- Khagaria, At Present Working As Panchayat Teacher In Primary School Gachhi Tola Bela Simri Block & District- Khagaria.

3. Prithvi Raj Gautam S/O Fulchan Mandal Resident Of VillageShobhani, P.S+ District- Khagaria, At Present Working As Panchayat Teacher In Middle School Khairi, Block & District- Khagaria.

4. Pappu Kumar Pankaj S/O Jagdish Prasad Bhagat Resident Of VillageJamal Nagar, P.S- Salkhua, District- Saharsa At Present Working As Panchayat Teacher I N Primary School Bela Simri, Block & DistrictKhagaria. .... .... Petitioners

Versus

1. The State of Bihar through Collector, Khagaria.

2. Department of Education, Through Its Secretary, Vikash Bhawan Bailey Road, Bihar, Patna.

3. The Member, District Teacher Employment Appellate Authority Khagaria.

4. Gram Panchayat Raj Bela Simari, Through Its Executive Officer, Bela Simari, Block & District- Khagaria.

5. Secretary, Gram Panchayat Raj Bela Simari, At & P.O- Bela Simari, Block & District- Khagaria

6. Mukhiya, Gram Panchayat Raj Bela Simari At & P.O- Bela Simari, Block & District- Khagaria.

7. Mukesh Kumar S/O Rajendra Prasad Mahto Resident Of Village- Bela Simari, P.S & District- Khagaria.

8. Avinash Kumar S/O Late Anandi Prasad Singh Resident Of Village & P.O- Tetrabad, P.S & District- Khagaria.

.... .... Respondents ====================================================== Appearance :

For the Petitioners : M/S. Drona Charya and Radhe Shyam Kumar, Advocates.

For the State : Mr. Dharmendra Kumar, A.C. to A.A.G. IX. For the Respondents : Mr. Rajendra Pd. Singh, Sr. Advocate and Mr. Mukesh Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2017 Learned counsel for the petitioners seeks permission

Patna High Court CWJC No.22805 of 2012 (4) dt.09-08-2017 2/2 to withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority, challenging the order dated 07.11.2012 contained in Memo No. 390 dated 07.11.2012, passed in Case No. 19-01/2012 by the Member, District Teachers Employment Appellate Authority, Khagaria.

Permission is accorded.

The petitioners shall file an appeal before the State Appellate Authority within a period of thirty days from the date of the order, which shall be disposed of in accordance with law within the statutory period.

It has been submitted by learned counsel for the petitioners that the petitioners were granted interim relief by this Court on 06.02.2013. The petitioners will be at liberty to file a separate application before the State Appellate Authority, if so advised, for any interim relief during the pendency of the appeal, within a period of ten days from the date of filing of the appeal. The said application filed by the petitioners shall be disposed of within a period of twenty days.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U