Tej Narayan Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7900 of 2017 ====================================================== Tej Narayan Pathak Son of Late Jay Narayan Pathak Resident of Village+P.S. Jamira, District- Ara, Bhojpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna.

2. Director, Secondary Education Department, Government of Bihar, Vikash Bhawan, Patna

3. Nagar Parishad Dehri Dalmianagar, through its Executive Officers-cumSecretary, Dehri at Sasaram.

4. District Education Officer, Rohtas at Sasaram.

5. District Programme Officer(Establishment), Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kishore Kumar Thakur, Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s :

Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner has approached this Court for a direction to the respondent-Nagar Parishad, Dehri, Dalmianagar, Rohtas to offer letter of appointment to the petitioner in terms of the decision of the District Teachers Employment Appellate Authority, Rohtas dated 15.02.2017 in Appeal No. 3 of 2016. The Nagar Parishad, Dehri, Dalmianagar, Rohtas was party in Appeal No. 3/2016. The District Teachers Employment Appellate Authority has passed order on 15.2.2017 which has attained finality as no one has challenged the aforesaid decision.

Patna High Court CWJC No.7900 of 2017(3) dt.12-04-2018 2/2 In view of the above, the order passed by the Appellate Authority is required to be implemented by all concerned including the Nagar Parishad, Dehri, Dalmianagar, Rohtas. In this case notice was issued vide order dated 10.11.2017 but despite valid service of notice, the respondent No.3 has not chosen to enter appearance and contest the case. In the aforesaid circumstances the court is constrained to issue direction to the respondent No. 3 to implement the direction of the District Teachers Employment Appellate Authority in Appeal No. 3/2016 within a maximum period of 60 days from the date of receipt/production of a copy of this order and grant all consequential benefits to the petitioner with effect from the date of the order passed by the Appellate Authority dated 15.2.2017, Annexure-8. Failure on the part of the respondents in implementing the direction of the Appellate Authority within the time frame as indicated hereinabove shall be viewed seriously.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U