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Patna High CourtCWJC/16639/2015disposed

Kumari Sanjeshwari And ANR v. The State Of Bihar And ORS

2017-07-24Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16639 of 2015 ===========================================================

1. Kumari Sanjeshwari, Daughter of Shri Dhaneshwar Prasad, wife of Ranjit Kumar, Resident of Mohalla- Nautaliya Jamalpur Road, Munger, P.S. Kashi Bazar, District Munger at Present Panchayat Teacher, Primary School, Damodarpur Pathala, Anchal, Lakhisarai, District Lakhisarai.

2. Sharvan Kumar Son of Late Ram Prasad Mahto, Resident of Mohalla- Court Area, Naya Bazar, Lakhisarai, P.S. + District Lakhisarai at Present Block Teacher, Upgraded Middle School, Pirgaura, Anchal- Lakhisarai District Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department Government of Bihar, Vikash Bhawan, Patna.

3. The Director, Primary Education, Government of Bihar Patna.

4. The District Magistrate, Lakhisarai.

5. The District Education Officer, Lakhisarai.

6. The District Programme Officer (Establishment) Lakhisarai.

7. The Sub Divisional Officer, Lakhisarai.

8. The Block Development Officer, Lakhisarai.

9. The Mukhiya-cum-Chairman, Panchayat Teachers Selection Committee, Gram Panchayat Raj, Damodarpur, Lakhisarai.

10. The, Panchayat Teachers Selection Committee, through its Secretary, Panchayat Sachiv, Gram Panchayat Raj, Damodarpur, Lakhisarai.

11. The District Teacher Employment Appellate Tribunal Lakhisarai through its Member.

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

For the Petitioner/s :

Mr. Bishnu Kant Dubey, Advocate For the State :

Mr. Ajay, G.A. 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-07-2017 Heard learned counsel for the petitioners and the State.

2. The petitioners are aggrieved by the fact that despite them having a favourable order from the District Teachers Employment Appellate Authority, Lakhisarai (hereinafter referred to as the 'Authority'), the respondents, who are required to implement

Patna High Court CWJC No.16639 of 2015 dt.25-07-2017 2/2 the order are not doing so.

3. After some arguments, in view of the provisions of Rule 15 of the Bihar State School Teachers and Employees Grievance Redressal Rules, 2015, the Authority has got power to take action against the persons, who do not implement its order and even impose punishment as well as cost.

4. In view thereof, the writ petition stands disposed off with liberty to the petitioners to move before the Authority by filing an application to exercise power under the aforesaid Rules, 2015. If such a petition is filed within one month from today along with a copy of this order, the authorities shall consider the same and after hearing the parties pass appropriate order within the next two months.

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