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Patna High CourtCWJC/18885/2017disposed

Kumbh Narayan Mandal And ORS v. The State Of Bihar And ORS

2018-07-24Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18885 of 2017 ======================================================

1. Kumbh Narayan Mandal, S/o Feku Mandal , R/o At & P.O.- Bhimpur, P.S.- Bhimpur, District- Supaul.

2. Fulchand Sah, S/o Shree Harihar Sah, R/o At & P.O.- Bhimpur, DistrictSupaul.

3. Birendra Kumar Ram, S/o Basant Ram, R/o At & P.O.- Fatehpur, P.S.- Narpatganj, District- Araria.

4. Ashok Kumar Ram, S/o Asharfi Ram, R/o Vill.- Sohta, P.O.- Girdhar Patti, P.S.- Chhatapur, Distt.-Supaul.

5. Sarwat Parween, W/o Md. Afsar Alam, R/o at+ P.O.& P.S.- Mahalgaon, District- Araria.

6. Md. Sajid Hussain, S/o Wali Mohammad, R/o Vill.- Bardha, P.O.+P.S.- Narpatganj, District- Araria.

7. Md. Altaf Hussain, S/o Habib, R/o Vill.- R/o Vill- Jokhadan, P.O.- Pipera, P.S- Forbesganj, District- Araria.

8. Md. Mohib Akhtar, S/o Late Abdur Rahman, R/o At & P.O.- Bhuna, P.S.- Malalgown, District- Araria.

.... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

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

3. The District Education Officer, Araria.

4. The District Program Officer, (Esst.), Areria.

5. The Block Development Officer, Narpatganj, District- Araria.

6. The Block Education Officer, Narpatganj, District- Araria.

7. The Pramukh, Block- Narpatganj, District- Araria.

8. The Member, District- Teachers Appellate Authority, Araria. .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Rajeev Kumar Singh, Advocate. For the Respondents : Smt.Binita Singh, S.C. 28. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Re. I.A. No. 2702 of 2018 and I.A. No. 3445 of 2018.(Both in C.W.J.C. No. 18885 of 2017):

Learned counsel for the petitioners seeks permission to withdraw the aforesaid two Interlocutory Applications, which

Patna High Court CWJC No.18885 of 2017 (4) dt.24-07-2018 2/3 have been filed on behalf of Interveners for intervention in the present writ application for the sole purpose that they are also directly affected from the outcome of the instant writ petition, with a liberty to file fresh writ application for redressal of the grievances of the Interveners.

Permission is accorded.

Accordingly, the aforesaid two Interlocutory Application Nos. 2702 of 2018 and 3445 of 2018 stand disposed of with the aforesaid liberty.

Re.: C.W.J.C. No. 18885 of 2017:

Heard learned counsel for the petitioners and learned counsel for the respondents.

The following reliefs have been sought for by the petitioners in the present writ application.

"1. That this is an application on behalf of above named petitioners for issuance of an appropriate Writ(s) /Order(s)/ Directions(s), to the respondents for the following reliefs(s):- (i) To direct the Appointing Authority to issue appointment letters in favour of petitioners on the post of Block Teacher in view of the fact that they have finally been selected but their appointment letters have not been issued by the Appointing Authority for want of verification of testimonials."

It has been submitted by learned counsel for the

Patna High Court CWJC No.18885 of 2017 (4) dt.24-07-2018 3/3 petitioners that the case of the petitioners is squarely covered by the order passed by another Co-ordinate Bench of this Court in C.W.J.C. No. 22449 of 2011 dated 04.12.2014.

Learned counsel for the petitioners is directed to file a statutory appeal before the District Appellate Authority, Araria, within a period of thirty days from the date of the order and the same shall be disposed of in accordance with law within the statutory period taking into account the order passed by another Co-ordinate Bench of this Court in C.W.J.C. No. 22449 of 2011 dated 04.12.2014.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U