Md. Atik Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19669 of 2014 ====================================================== Md. Atik Ahmad, Son of Md.Akil Ahmad, Resident of Village+P.OSahar,P.S-Sahar,District-Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Director (Primary Education),Bihar.

4. The District Magistrate, Bhojpur.

5. The District Education Officer, Bhojpur.

6. The Block Development Officer, Sahar Block,District-Bhojpur.

7. The Block Education Officer, Sahar, District-Bhojpur.

8. The Panchayat Teacher Niyojan Unit ,Perhap,Block Sahar, DistrictBhojpur, through it's Secretary.

9. The Secretary Perhap Gram Panchayat,Sahar Block,District-Bhojpur.

10. The Mukhiya Perhap Gram Panchayat, Sahar Block, District-Bhojpur. .... .... Respondents.

====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Advocate. For the Respondents : Mr. Mithilesh Kumar Pathak, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for by the petitioner in the present writ application.

"1 i) Issuance of a writ in the nature of writ of certiorari quashing the Letter No. 11 dated 06.09.2013 issued under the signature of the Secretary, Gram Panchayat Perhap, Sahar (contained in Annexure-3) whereby the salary of the petitioner has been stopped and his service has been terminated with immediate effect.

ii) Issuance of a writ in the nature of

Patna High Court CWJC No.19669 of 2014 (2) dt.06-12-2017 2/2 writ of certiorari quashing the order dated 15.05.2012 passed by District Teacher Employment Appellate Authority, Bhojpur, Ara, in the case bearing No. 41/10 (Vidya Bhushan Singh Vs.

Panchayat Secretary, Perhap) which has been communicated to the District Education Officer, Bhojpur and Panchayat Secretary, Perhap vide Memo No. 309 dated 30.05.2012 contained in Annecxure-2.

(iii) Issuance of writ in the nature of writ of mandamus commanding the respondents to immediately restore the service of the petitioner and allow him to continue his duty as ;legally appointed Primary Teacher and also command the respondents to continue to pay him his due salary to which he is entitled as Primary Teacher."

Considering the reliefs as sought for by the petitioner in the present writ application, the petitioner is directed to prefer an application before the District Appellate Authority, Bhojpur at Ara, within a period of thirty days from the date of the order, which shall be disposed of in accordance with law, within the statutory period.

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

U.K./- (Sudhir Singh, J) U