Subhash Chandra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3193 of 2011 ====================================================== Subhash Chandra Yadav S/O Vasudeo Prasad Yadav Resident Of VillageMangrooni, P.S.- Mahisi, District- Saharsa ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Human Resources Department Through Its Secretary-Cum-Commissioner, Patna

3. Members District Teacher Employment Appellate Tribunal Saharsa

4. The Director, Primary Education, Bihar, Patna

5. The District Education Officer, Saharsa

6. The District Deputy Development Commissioner, Saharsa

7. The Block Development Officer, Mahisi, District- Saharsa

8. The Block Education Extension Officer, Mahisi, District- Saharsa

9. The Mukhiya Of Aina Gram Panchayat, District - Saharsa

10. The Panchayat Secretary, Aina Gram Panchayat, District- Saharsa

11. Ajay Kumar Yadav S/O Upendra Prasad Yadav Presently Posted As Principal Navsrijet Prathmik School Parsaha At Panchayat Aina, P.S.- Mahishi, DistrictSaharsa

12. Ashok Kumar Singh S/O Sakhichand Singh Presently Posted As Navsrijit Prathamik School Aina Pokher , Panchayat - Aina, P.S.- Mahishi, DistrictSaharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate Mr. Binod Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is aggrieved by the dismissal of the Appeal No. 221(A) of 2009 by the District Teachers Employment Appellate Authority by order dated 13.12.2010 on the ground of limitation.

Patna High Court CWJC No.3193 of 2011 dt.25-06-2018 2/2 Learned counsel for the petitioner submits that the case was not decided on merit and as such this Court may remand the matter back to the District Teachers Employment Appellate Authority to consider the case on its merit.

In the facts and circumstances, the order dated 13.12.2010 passed in Appeal No. 221(A)/2009 passed by the District Teachers Employment Appellate Authority is quashed and the matter is remanded back to the Appellate Authority to take fresh decision after examining the merit of the case and pass appropriate order within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2018 Transmission Date