Bhawesh Kumar & Anr vs State of Bihar & Ors

Heard learned counsel for the petitioners and State.

The petitioners had moved the Court for the following reliefs:

“(i) To quash the order dated 02.07.2014 passed in Appeal Case No. 28/12 by the District Teachers Appointment Appellate Authority, Banka

(Resp. no.-3) by which appeal of petitioners filed in pursuance of order dated 20.12.11 passed in C.W.J.C. No.-9296/2007 has been dismissed. A

copy of order dated 02.07.2014 is annexed in Annexure -1 to this application.

(ii) To quash the order dated 18.09.2006 passed in the Misc. Case No. 17/06-07 by the D.M., Banka (Resp. No.-4) by which Misc. Case filed by

petitioners has been rejected. A copy of order dated 18.09.2006 is annexed in Annexure -2 to this application.

(iii) To quash the memo no.-8 dated 31.01.2004, letter no.-5 dated 29.01.2005 and letter no.-2 dated 23.01.2006 issued by the Mukhiya, Gram

Panchayat, Bharatshila, Block-Shambhuganj, District Banka (Resp. no. 11) so far it relates to respondent no. 13 to 18 who have been appointed on the

post of Shiksha Mitra and further extended their services as Panchayat Shiksha Mitra even though the petitioners are more qualified and competent

for the post. Copies of letter dated 31.01.04, 29.01.05 and 23.01.06 are annexed as Annexure-3A, 3B & 3C to this application.

(iv) To direct the respondents to stop taking work from Respondent no. 13 to 18 forthwith as also making payment to them.

(v) To direct the respondents to appoint the petitioners in place of respondents who have been appointed illegally, even though the petitioners are more

qualified and competent for the post in question.

And for any other relief as per the facts and circumstances of the case.â€​

Though the State Appellant Authority which has been constituted can hear the appeal against the order passed by the District Teachers

Employment Appellate Authority, Banka dated 02.07.2014 in Appeal Case No. 28 of 2012, from 13.05.2015 and the same also being functional, the

Court deems it appropriate to remit the matter to the State Appellant Authority, which can consider all the issues raised in the writ petition.

In view thereof, the writ petition stands disposed off with liberty aforesaid.

If an appeal is filed before the State Appellate Authority within one month from today, the same shall be considered and disposed off on merits,

expeditiously and within the statutory period.