Niharika Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3993 of 2012 ====================================================== Niharika Kumari, Daughter of Kameshwar Kumar, Resident of VillageSikandarpur, Block & Police Station-Sangrampur, District-East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, East Champaran at Motihari

3. The District Teacher's Employment Appellate Authority, East Champaran at Motihari through its Member

4. The Mukhia, Gram Panchayat Raj, Barwa, Block & Police StationSangrampur, District-East Champaran

5. The Panchayat Secretary, Gram Panchayat Raj, Barwa, Block & Police Station-Sangrampur, District-East Champaran

6. Usha Kumari Wife of Ram Kumar Singh Resident of Village-Sikandarpur, Block & Police Station-Sangrampur, District-East Champaran

7. Prashant Kumar Son of Vijay Kumar Resident of Village-Bhatwaliya, Police Station-Sangrampur, District-East Champaran

8. Nazir Fatma Wife of Soaib Alam Khan Presently Posted As Urdu Teacher In Govt. Primary School, Sikandarpur, P.O.-Sikandarpur, Police StationSangrampur, District-East Champaran

9. District Programme Officer, Establishment, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umakant Shukla, Advocate.

Mr. Shakti Suman Kumar For the Respondent/s :

Mr. Parth Sharthi (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-10-2018 Learned counsel for the petitioner is permitted to implead the District Programme Officer (Establishment) as party respondent no. 9 during the course of the day. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. Learned counsel for the petitioner submits that on account of resignation of respondent no. 7, there exists vacancy and against that vacancy, case of the petitioner may be

Patna High Court CWJC No.3993 of 2012(4) dt.09-10-2018 2/2 considered.

Without entering into the merit of the claim and counter claim, the writ application is disposed of with liberty to the petitioner to file representation before the District Programme Officer (Establishment), who shall examine the claim of the petitioner and pass appropriate order in accordance with law for filling up the vacancy created on account of resignation of respondent no. 7. Necessary decision in this regard may be taken by the respondent-District Programme Officer within a maximum period of four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) sujit/- U