Patna High CourtCWJC/17208/2011disposed

Gopal Ji Thakur v. The State Of Bihar And ORS

2016-12-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17208 of 2011 ====================================================== Gopal Ji Thakur .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar Singh For the Respondent/s : Mr. Dhurandhar Pd. Chy Sc2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2016 Heard learned counsels for the petitioner and respondents.

The petitioner is aggrieved by the order dated 27.07.2011 passed by the District Teachers Appointment Appellate Tribunal, Darbhanga in Objection Case No. 73 of 2011 as contained in Annexure-6 whereby the petitioner's appeal against non-acceptance of his joining on the post of Zila Parishad Higher Secondary Teacher (Trained) at Project Girls High School, Bairampur, Darbhanga has been rejected. The prayer has also been made for making payments of consequential benefits from the date the petitioner claimed to have submitted his joining i.e., 05.03.2011.

Since the Bihar State Teachers Appellate Authority has started functioning, this writ application is disposed of with a liberty to the petitioner to file appeal before the State Appellate

Patna High Court CWJC No.17208 of 2011 (7) dt.16-12-2016 2/2 Authority within four weeks.

In view of the fact that the petitioner is pursuing the remedy before this Court as this writ application is pending since 2011 and both sides agree not to raise the issue of limitation before the State Appellate Authority, it is expected from the State Appellate Authority to decide the matter expeditiously on merit in accordance with law without allowing the parties to raise the issue of limitation provided the appeal is filed within a period of four weeks from the date of receipt/production of the copy of this order. However, the petitioner will be required to file limitation petition when the State Appellate Authority will pass appropriate order for condoning the delay, if any, and decide the appeal on merits.

Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U