Disposed

Jai Narayan Mahto and Ors. v. The State Of Bihar and Ors.

Patna HC9 May 2014CWJC/4607/2014

Case brief

AI extract

What is this about?

The court held that the petitioners have the remedy before the competent District Teachers Employment Appellate Authority and allowed withdrawal of the writ petition. No specific section applied as it was an oral order directing withdrawal based on the existence of the statutory remedy.

What did the court decide?

Permission to withdraw the application to file a complaint/appeal before the District Teachers Employment Appellate Authority within one month.

Jai Narayan Mahto and Ors. Vs The State Of… — Contract and Commercial Disputes | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4607 of 2014

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====================================================== 1. Jai Narayan Mahto, S/o Ram Bilas Mahto, At Yamuna Tar, Post Keota, P.S. Dalsingsarai, Dist. Samastipur.

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1. Vijay Kumar Viinay, S/o Niran Das, At Shahpur Litiyahi, Post Bhuswar, PS. Bibhutipur, Dist. Samastipur.

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1. Devendra Kumar Mahto, S/o Ajay Kumar Mahto, At+P.O.+P.S. Bibhutipur, Dist. Samastipur.

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1. Mukesh Kumar, S/o Ganga Prasad Mahto, At Damodarpur, Post Surauli, P.S. Bibhutipur, Dist. Samastipur.

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1. Pramod Thakur, S/o Ram Prakash Thakur, At Basatol, Post Narhan, P.S. Bibhutipur, Dist. Samastipur.

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1. Niranjan Kumar Choudhary, S/o Ramvilas Choudhary, At- Pachhiyari Tabhka, P.S.-Bibhutipur, Distt- Samastipur.

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1. Mohan Kumar Rai, S/o Mishri Rai, At-Nav Tola Tara, Post-Badhauna, P.S.-Vidyapatinagar, Distt-Samastipur.

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1. Mani Bhushan Mishra, S/o Mahendra Mishra, At- Muslimpur, PostRagopur, P.S.-Bibhupur, Distt-Samastipur.

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1. Suresh Kumar Thakur, S/o Prabhu Thakur, At + Post- Pandit Tol Tabhka, P.S.-Bibhutipur, Distt-Samastipur.

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1. Pramod Kumar, S/o Binmdeshwari mahto, At- Yamuna Tar, PostRasidpur, P.S.-Bachhawara, Distt-Begusarai.

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1. Hari Om Kumar, S/o Umesh Prasad Choudnary, At + P.O.-Rampur Jalalpur, P.S.-Dalsingsarai, Distt- Samastipur.

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1. Vijay Kumar, S/o Mahendra Mahto, At Khadi Yahi, P.O. + P.S.Bibhutipur, Distt-Samastipur.

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1. Tej Narayan Kumar, S/o Bhatu Das, At- Shahpur Latiyahi, PostBhuswar, P.S.-Bibhutipur Distt-Samastipur.

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1. Satyandra Narayan Singh, S/o Ram Lal Singh, At-Banhaiti, P,O.Narhan, P.S.-Bibhutipur, Distt- Samastipur.

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1. Ram Janish Kumar, S/o Ram Udgar Singh, At-Shirnathpur, PostSinghiaghat, P.S.-Bibhutipur, Distt-Samastipur.

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1. Raushan Kumar Jha, S/o Abhay Kumar Jha, At +Po- MowDhaneshpur(South) P.S.-Vidyapati Nagar, Distt-Samastipur.

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1. Suresh Kumar, S/o Bishnu Dayal Sharma, At +Post- Singhiaghat, P.S.Bibhutipur, Distt-Samastipur.

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1. Kamla Kant Rai, S/o Upendra Rai, At-Rotganna, Post-Chora Tabhka, P.S.-Bibhutipur, Distt- Samastipur. .... .... Petitioner/s

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Versus

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1. The State of Bihar. 2. The District Magistrate, Samastipur. 3. The District Education Officer, Samastipur. 4. The Block Development Officer-cum-Executive Officer-cum-Member Secretary, Block Niyojan Samiti, Bibhutipur, Samastipur. .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent/s : Mr. J.S.Barnawal, GA5 ======================================================

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Patna High Court CWJC No.4607 of 2014 (2) dt.09-05-2014

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 09-05-2014

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Having regard to the fact that the petitioners were Prakhand Teachers before termination of their services by the impugned order and are still aggrieved by their order of termination, the remedy for them, in the first instance, will be before the competent District Teachers Employment Appellate Authority (hereinafter to be referred to as ‘the Tribunal’). When such an observation has been made, learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioners to file their complaint/appeal against the order of termination within a period of one month from today.

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If the petitioners do so, the Tribunal, keeping in view that this writ application was pending for nearly three months before this Court, shall not non-suit them on the ground of delay/laches, if any, and would decide their cases on merit.

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With the aforementioned observations and liberty, this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

Jai Narayan Mahto and Ors. v. The State Of Bihar and Ors.

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Jai Narayan Mahto and Ors. v. The State Of Bihar and Ors.

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