Raj Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1963 of 2015 =========================================================== Raj Kumar Yadav, Son of Shri Nageshwar Prasad Yadav, resident of VillageBhelbinda, Police Station- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

2. The Director (Primary Education), Human Resource Development Department, Government of Bihar, Patna.

3. The District Magistrate, Jamui.

4. The District Superintendent of Education, Jamui.

5. The Block Development Officer, Jhajha, District- Jamui.

6. The Block Education Extension Officer Jhajha, District- Jamui.

7. The Member, District Teacher Employment Appellate Authority, Jamui.

8. The Mukhia, Gram Panchayat Raj Rejala Kala, Police Station- Jhajha, DistrictJamui.

9. The Panchayat Secretary, Gram Panchayat Raj Rajala Kala Police StationJhajha, District- Jamui.

10. Manoj Kumar Yadav, Son of Shri Pawi Yadav, resident of Village- Penwajan, Police Station- Jhajha, District- Jamui.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 23-08-2018 Heard learned counsel for the petitioner; State and respondent no. 10, who has suo motu appeared.

2. The petitioner has moved the Court for the following reliefs:

"a) For quashing the order contained in Memo no. 85 dated 05.09.2014 passed by the Appellate Authority i.e. respondent no. 7 passed in case no. 03/14 whereby and where under the order passed in case no. 72/2010 whereby the petitioner's appointment as panchayat teacher was cancelled and Manoj Kumar Yadav i.e. respondent no. 10 was appointed as panchayat teacher at the place of the

Patna High Court CWJC No.1963 of 2015 dt.23-08-2018 2/2 petitioner is said to be correct without appreciating the facts and materials available on record.

b) For a direction to the concerned respondents to reinstate the petitioner with retrospective effect and to pay salary w.e.f. the date of his joining i.e. 17.8.2010 and also for grant of all other consequential relief/benefits for which the petitioner is entitled.

c) For any other relief/reliefs for which the petitioner is entitled."

3. After some arguments, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to move before the State Appellate Authority against the order dated 05.09.2014 passed in Case No. 03 of 2014, by the District Teachers Employment Appellate Authority, Jamui.

4. Learned counsel for the respondents do not oppose.

5. In view thereof, the writ petition stands disposed off with liberty aforesaid.

6. If an appeal is filed before the State Appellate Authority, within four weeks from today, the same shall be considered and disposed off on merits expeditiously and within the statutory period.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U