Shanti Kumari @ Santi Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10607 of 2018 ====================================================== Shanti Kumari @ Santi Kumari W/o Sri Manoj Kumar R/o Village - Chhotki Sangi, P.O. Sangi, P.S. Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Regional Deputy Director of Education, Tirhut Division, Darbhanga.

4. The District Magistrate, Madhubani.

5. The District Education Officer Madhubani.

6. The District Programme Officer (Establishment), Madhubani.

7. The Block Education Officer, Ghoghardiha, District - Madhubani.

8. The Panchayat Secretary, Gram Panchayat Raj, Sangi Block - Ghoghardiha, District - Madhubani.

9. The Mukhiya, Gram Panchayat Raj, Sangi Block - Ghoghardiha, District - Madhubani.

10. The Headmaster, Govt. Primary School, Chhotki Sangi, Block - Ghoghardiha, District - Madhubani.

11. Devilal Yadav S/o Sri Mahendra Yadav R/o Village + P.O. - Brahmpur, Police Station - Phulparas, District - Madhubani.

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

For the Petitioner :

Mr. Anil Kumar Jha, Sr. Advocate Mr. Lakshmindra Kumar Yadav, Advocate Mr. Prabhu Narayan Prabhakar, Advocate For the Respondents :

Smt.Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2018 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioner : (i) For issuance of an appropriate order, direction or writ in the nature of certiorari for quashing letter no.2022 dated 19.12.2017 (Annexure-8) issued by District Programme Officer (Establishment), Madhubani direction has been given

Patna High Court CWJC No.10607 of 2018(3) dt.16-07-2018 2/3 to Panchayat Sercretary, Gram Panchayat Raj, Sangi, Block Ghoghardiha to cancel the appointment of the petitioner and intimate about the same within three days.

(ii) For issuance of an appropriate order, direction as writ commanding the respondents to let the petitioner continue in her service with all consequential benefits till she attains the age of 60 years.

It has been submitted on behalf of the petitioner that the case of the petitioner is squarely covered by the order passed in Kalpana Rani versus the State of Bihar and others reported in 2014(2) PLJR 665.

Considering the reliefs sought for on behalf of the petitioner in the present writ application, the petitioner is directed to file a statutory appeal before the District Appellate Authority within a period of thirty days from the date of this order.. The District Appellate Authority shall dispose of the appeal of the petitioner within the statutory period taking into account the above referred case by the petitioner. If so advised, the petitioner may file an application for seeking an interim relief. The said application of the petitioner shall be disposed of within 15 days from the date of filing of such application.

Patna High Court CWJC No.10607 of 2018(3) dt.16-07-2018 3/3 With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U