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Patna High CourtCWJC/17859/2024withdrawn

Chandrashekhar Mandal v. The State Of Bihar

2025-02-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17859 of 2024 ====================================================== Chandrashekhar Mandal, Son of Parameshwar Mandal Resident of VillageRamdatpatti at, P.S. and District-Supaul-852130 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education, Bihar, Patna. 3.

The District Magistrate, Supaul 4.

The District Education Officer, Supaul 5.

The Sub-Divisional Officer, Supaul 6.

The Block Education Extension Officer, Supaul. 7.

The Mukhiya Baruari Gram Panchayat, Supaul 8.

The Panchayat Secretary, Baruari Gram Panchayat, Supaul 9.

The Head Master, Primary School, Gidhrahi, Panchayat-Baruari, DistrictSupaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha- Sr. Advocate Mr. Ravi Shankar- Advocate For the Respondent/s :

Mr. Government Pleader (19) Mr. Swapnil Kumar Singh- AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2025

1. Heard learned counsel for the petitioner and learned AC to GP-19 for the State.

2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed seeking a direction upon the authorities for payment of salary of the petitioner from the date of his termination till the date of reinstatement and thereafter.

3. The learned counsel appearing on behalf of the

Patna High Court CWJC No.17859 of 2024(2) dt.04-02-2025 2/3 State submits that the petitioner was appointed as Panchayat Teacher in the Year 2007 and his services was terminated by order dated 17.04.2008. It is next submitted that petitioner against the order of termination filed CWJC No.12315 of 2008, which was disposed of giving liberty to the petitioner to move before the District Appellate Authority, Supaul by an order dated 12.09.2008. It is next submitted that the petitioner in compliance of the order dated 12.09.2008 in CWJC No.12315 of 2008 filed Appeal Case No.789 of 2009 before the District Appellate Authority, Supaul.

4. The learned State counsel next submits that the case remained pending from 2009 till 04.06.2023 and in between 2009 to 04.06.2023, the petitioner never approached any forum for a direction upon the District Appellate Authority to dispose of his appeal within a time frame. It is next submitted that the District Appellate Authority by order dated 05.06.2023 allowed Appeal Case No.789 of 2009 and the petitioner was directed to be reinstated back in service, but then, the District Appellate Authority did not record in its order dated 05.06.2023 that the same was allowed with a direction to pay even the back wages.

5. The learned State counsel next submits that the

Patna High Court CWJC No.17859 of 2024(2) dt.04-02-2025 3/3 State has preferred an appeal before the State Appellate Authority, Patna vide Token No.122 of 2024 dated 21.08.2024 and the appeal is pending consideration. It is thus submitted that the authorities will abide by the orders passed by the State Appellate Authority.

6. At this stage, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the writ application with liberty to contest before the State Appellate Authority against the appeal filed by the State.

7. Permission is accorded.

8. Accordingly, instant writ petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U