Raj Hasan Raj @APPELLANT@Hash State Of Bihar

On 20th September, 2013 after service of two advance copies to the office of the Advocate General, the present writ petition was filed.

Unfortunately, even after five years, the respondents have not bothered to file any counter affidavit. The reluctance on the part of the State manifests

the failure on the part of the respondents in the litigation management.

The petitioner has approached this Court for implementation of the direction issued by the District Teachers Employment Appellate Authority dated

19.12.2012.

The appellate authority was created by the State for adjudication of the dispute involving appointment and connected affairs of the Panchayat

Shikshak. The State authorities are expected to implement the direction issued by the appellate authority. The order passed by the appellate authority

is meant for implementation, but it appears that the authorities in the Education Department are treating the order as waste papers. The reluctance

shown by the respondents in the instant case is condemned by this Court.

In a system of governed by rule of law, every authority howsoever is obliged to follow the law. No one is above law and once the order of the

competent authority is passed, the order has to be given effect to in its letters and spirit unless it is reversed or set aside by a competent Court. It may

not be out of place to mention here that the Apex Court has occasion to consider the submissions with regard to irregularity or invalidity of the order

and its implementation.

The Apex Court in the case of Sultan Sadik Vs. Sanjay Raj Subba: (2004) 2 SCC 377 held out that even illegal order is capable of consequence. It is

to be noted here that no order carries the seal of invalidation on its forehead. The order has to be given effect to unless it is set aside or set at not by

competent forum or Court.

The decision of the District Teachers Employment Appellate Authority, Gopalganj, in the instant case has not been acted upon for six long years

and the respondents have even not shown minimum courtesy to the Court by filing any counter affidavit despite service of two advance copies in the

present case to the office of Advocate General in 2013 itself.

Under the aforesaid circumstances, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Gopalganj to

implement the order of the District Teachers Employment Appellate Authority dated 19.12.2012 in its letters and spirit within a maximum period of

four months from the date of receipt/production of a copy of this order failing which the consequential benefits admissible to the petitioner will carry

interest at the rate of 9% per annum and the District Programme Officer (Establishment), Gopalganj shall be personally liable for payment of the

interest component.

With the aforesaid, the writ petition stands allowed.