Bibha Kumari And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.3986 of 2012 (4) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3986 of 2012 ======================================================

1. Bibha Kumari Wife Of Diwakar Bharti Resident Of Village Tarawan, P.S.- Bajirganj In The District Of Gaya

2. Geeta Kumari Wife Of Mahendra Chaudhary Resident Of Village Tarawan, P.S.- Bajirganj In The District Of Gaya .... .... Petitioners

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, Patna

2. The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, Patna

3. The Member, District Teachers Appointment Appellate Tribunal , Gaya

4. The Collector, Gaya

5. The District Superintendent Of Education, District- Gaya

6. The Sub Divisional Officer, Sadar, Gaya

7. The Block Education Officer, Wajirganj, Gaya

8. The Mukhiya, Gram Panchayat Tarwan, Block- Wajirganj, Gaya

9. The Panchayat Secretary, Gram Panchayat Tarwan, Block- Wajirganj, Gaya

10. Vijay Kumar Palit Son Of Late Hiralal Palit Gram-Post-Tarwan, P.S. Wajirganj, District-Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate For the Respondent/s : Mr. Manoj Kr. Ambasta G.P.-14 For the State : Mr. Tripurari Nath Ambastha, A.C. to S.C.- ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2017 In the present writ application, the petitioners have sought for quashing of the order dated 02.02.2012, passed by the District Teachers Appointment Appellate Authority, Gaya, whereby the Appellate Authority has held the appointment of the petitioners to be illegal. It has been submitted on behalf of the petitioners that as per the statute and the decision of the Hon'ble

Patna High Court CWJC No.3986 of 2012 (4) dt.02-08-2017 High Court, reported in (2009) 2 PLJR 929, a complaint is to be made within a period of 30 days but in the case of the petitioners a complaint has been made after the period of approximately four years. Hence, the District Appellate Authority had no occasion to interfere in the appointment of the petitioners as a Panchayat Teachers.

The petitioners are directed to prefer an appeal before the State Appellate Authority, as per the provisions of the Bihar State School Teachers & Employees Redressal Rules, 2015, challenging the order passed by the District Appellate Authority, Gaya. The said appeal shall be preferred before the State Appellate Authority within a period of 30 days and the same shall be disposed of within the statutory period, in accordance with law. It has further been submitted on behalf of the petitioners that they have been re-engaged, prior to the filing of the present writ application.

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

(Sudhir Singh, J) veena/- U T