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Patna High CourtCWJC/19603/2012disposed

Pramod Kumar Rajak And ORS v. The State Of Bihar And ORS

2018-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19603 of 2012 ======================================================

1. Pramod Kumar Rajak Son Of Gayanand Rajak Resident Of Village- Balua, P.O. Kursail, P.S. Mahalgaon, District- Araria. At Present Posted As Panchayat Teacher Utkramit Madhya Vidyalaya Ranitol, Gram-Panchayat Raj Dachhiyari Pipra, Block- Jokihat, District- Araria

2. Shanti Devi Wife Of Late Mohan Lal Rajak Resident Of Village Balua, P.O. Kursail, P.S. Mahalgaon District Araria, Presently Posted As Panchayat Teacher Prathmik Vidyalaya Pachhiyari Pipra, Gram Panchayat Pachhiyari Pipra, Block Jokihat, DistrictAraria

3. Birendra Kumar Rajak S/O Kameshwar Rajak Resident Of Village Begna, P.O. Chokte, P.S. Mahalgaon, District- Araria, At Present Posted As Panchayat Teacher Utkarmit Madhya Vidyalaya Ranitol, Gram- Panchayat Raj Pachhiyari Pipra, Block Jokihat, District- Araria ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Director (Primary Education) Government Of Bihar, Patna

3. District Education Officer, Araria, Block Development Officer, DistrictAraria

4. Block Development Officer, Jokihat, District- Araria

5. Member District Teacher Employment Appellate Authority, Araria

6. Mukhia Gram Panchayat Raj Pachhiwari Pipra, Block Jokihat, District Araria

7. Panchayat Secretary Gram Panchayat Raj Pachhiyari Pipra Block Jokihat, District- Araria

8. Khusmud Alam Son Of Anwarul Haque Of Village- Ballia, P.O. Kursail, P.S. Mahalgaon, District- Araria

9. Md. Tarique Anwar Son Of Md. Moinuddin Resident Of Village Majhua, P.O. Dalmalpur, Via Jokihat, District- Purnea

10. Md. Sakib Anwar Son Of Abdul Razzaque Of Village Ballua, P.O. Kursail, P.S. Mahalgaon, District- Araria

11. Bibi Sajda Khatoon Wife Of Ilhaz Ahamad Resident Of Village Ballua, P.O. Kursail, P.S. Mahalgaon, District- Araria

12. Mir. Muzaffar Son Of Mir Masiur Rahman Resident Of Village Balua, P.O. Kursail, P.S. Mahalgaon, District- Araria

13. Shushrat Anand Shankar Son Of Krishna Lal Biswas Resident Of VillageAmgachi, P.O. Chikta, P.S. Mahalgaon, District- Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Bhanu Roy, Advocate Mr. Santosh Chandra Bhaskar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned

Patna High Court CWJC No.19603 of 2012(6) dt.12-10-2018 2/2 counsel appearing on behalf of the State.

In view of the fact that the State Appellate Authority is now functional, the petitioners seek permission to withdraw the writ petition in order to file an appeal before the State Appellate Authority.

Permission is granted.

In case the petitioners file an appeal before the State Appellate Authority within a period of one month from today along with a copy of this order, the State Appellate Authority is required to decide the appeal on its own merit after condoning the delay in filing the appeal in view of the fact that the petitioners were pursuing the writ petition for the same relief before this Court. With the aforesaid liberty, the writ petition stands disposed of.

Since the order of the District Teachers Employment Appellate Authority was stayed by this Court by order dated 1.11.2012, the interim order shall continue until further order passed by the State Appellate Tribunal.

(Anil Kumar Upadhyay, J) spandey/- U