Birendra Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7016 of 2017 ====================================================== Birendra Kumar Yadav Son of Sri Ram Dular Yadav Resident of VillageAnwar , P.O. Anwal, P.S. Kopa, District Chapra at Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

The District Education officer, Siwan.

5.

The District Programe officer, Establishment, siwan. 6.

The Block Development Officer-Cum-Executive Officer, Block Teachers Employment Committee, Hasanpura 7.

The Block Education Officer, Hasanpura, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Prasad Yadav No-1 For the Respondent/s :

Mr. Madhaw Pd. Yadav, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application, being aggrieved by the order passed by the District Programme Officer (Establishment), Siwan (respondent no. 5), vide letter No. 128, dated 17.01.2015, by which termination of the petitioner has been recommended from the post of Block Teacher, Middle School, Chand Parsa, Hasanpur, Siwan, on the ground that the petitioner has obtained teachers training certificate from non-recognized institution.

Patna High Court CWJC No.7016 of 2017(4) dt.24-06-2024 2/2

3. Learned counsel for the State submits that the District Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers. The petitioner has directly approached this Court without availing the remedy before the District Teachers Appellate Authority.

4. In view of the aforesaid submissions, the present writ application is disposed with the liberty to the petitioner to approach the concerned District Teachers Appellate Authority against the impugned order.

5. It is made clear that if an appeal is filed within one month from today, with condonation of delay petition, the District Teacher Employment Appellate Authority shall consider the same and shall pass a reasoned order, in accordance with law, within a reasonable time frame.

6. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U