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Patna High CourtCWJC/17016/2014disposed

Ganga And ORS v. The State Of Bihar And ORS

2018-07-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17016 of 2014 ===========================================================

1. Ganga, Daughter of Sri Padmanand Jha, Resident of Village- Dhamdaha (Madhya), P.S. Dhamdaha, District- Purnea.

2. Renu Kumari, Wife of Sanjiv Kumar, Resident of Village- Madhopura, Ward No. 3, P.S. Madhepura, District- Madhepura.

3. Amul Kumar @ Amol Kumar, Son of Golki Mahto, Resident of Village- Gauripur, P.O. Manjira, P.S. Banka, District- Banka.

4. Dilip Kumar Ram, Son of Goendra Ram, Resident of VillageDhamdaha (Madhya), P.S. Dhamdaha, District- Purnea.

5. Md. Asgar Ansari, Son of Md. Abdul Gafur, Resident of VillageTarauni, P.S. Dhamdaha, District- Purnea.

6. Kanchan Kumari, Daughter of Ramesh Kumar, Resident of VillageDhamdaha (Madhya), P.S. Dhamdaha, District- Purnea.

7. Santosh Kumar, Son of Sri Chandeshwari Prasad Sah, Resident of Village- Amari Kukraun, P.S. Dhamdaha, District- Purnea.

8. Premlata Kumari, Daughter of late Deo Narayan Yadav, Wife of Arun Rajak Resident of Village- Harincol, P.S. Dhamdaha, District- Purnea.

9. Bindu Kumari, Daughter of Jagrup Singh, Wife of Arun Rajak Resident of Village- Harincol, P.S. Dhamdaha, District- Purnea.

10. Dilwendra Kumar Yadav, Son of late Deo Narayan Yadav, Resident of Village- Nandgram, P.S. Dhamdaha, District- Purnea.

11. Md. Aftab Alam, Son of Mohmood Alam, Resident of Village- Amari Kukraun, P.S. Dhamdaha, District- Purnea.

12. Md. Ahsan Alam, Son of Md. Wahid Ali, Resident of Village- Amari Kukraun, P.S. Dhamdaha, District- Purnea.

13. Vijay Kumar, Son of Shyamdeo Gupta, Resident of Village- Dhamdaha (Madhya), P.S. Dhamdaha, District- Purnea.

14. Banti Kumari, Daughter of Indradeo Rajak, Resident of VillageHarincol, P.S. Dhamdaha, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The District Magistrate, Purnea.

4. The District Programme Officer, Purnea.

5. The Block Development Officer, Dhamdaha, Purnea.

6. The Block Education Officer, Dhamdaha, Purnea.

7. The District Teacher Employment Appellate Tribunal, Purnea through its Member.

8. The Mukhiya Cum Chairman of Niyojan Ikai (Employment Committee), Gram Panchayat Raj- Dhamdaha (Madhya), BlockDhamdaha , District- Purnea.

9. The Panchayat Secretary, Gram Panchayat Raj - Dhamdaha (Madhya) Block- Dhamdaha, District- Purnea.

10. Bhawna Kumari, D/o Binodanand Jha, Resident of Village- Dhamdaha, P.S. Dhamdaha, District- Purnea.

11. Anil Kumar Kisku, S/o Paltan Kisku, R/o Village- Harinol, P.S. Dhamdaha, District- Purnea.

12. Deji Kumari, D/o Suresh Prasad Yadav, Resident of VillageDhamdaha, P.S. Dhamdaha, District- Purnea. .... .... Respondent/s =========================================================== Appearance :

Patna High Court CWJC No.17016 of 2014 dt.23-07-2018 2/2 For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Avinash Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 23-07-2018 Heard learned counsel for the petitioners and State. During the pendency of the writ application, the State Appellate Authority is now functional, as Appellate Forum against the decision of the District Teachers Employment Appellate Authority. In view of the above, it would be appropriate that the petitioners may approach the State Appellate Authority, as the factual enquiry is to be done appropriately by the State Appellate Authority.

Accordingly, the writ application is disposed of with liberty to the petitioners 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 present writ application has remained pending for last nearly four years.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2018 Transmission Date