A writ petition challenging non-acceptance of joining due to delay was allowed to be withdrawn to avail alternative remedy before the State Appellate Authority before being dismissed as withdrawn.
Prayer to withdraw the writ petition to avail alternative remedy before the State Appellate Authority allowed; writ petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25697 of 2019
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Prakash Bir Sathi S/o Surya Narayan Yadav Resident of Village- Jogbani, Ward No. 13, P.s.- Gamaharia, District- Madhepura
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Singh For the Respondent/s : Mr.Jitendra Kumar Roy1 (Sc13) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 10-01-2020 Heard both sides.
The petitioner was appointed on the post of Panchayat
Teacher and appointment letter was issued on 30.12.2010.
The learned counsel for the petitioner submits that petitioner submitted his joining but the same was not accepted. The petitioner kept waiting and filed appeal before the District Appellate Authority after six years and ten months. The District
Patna High Court CWJC No.25697 of 2019(2) dt.10-01-2020 2/2
Appellate Authority dismissed the appeal of the petitioner on the ground that after seven years from the date of issuance of appointment letter the joining of the petitioner cannot be accepted.
The learned counsel for the petitioner seeks permission to withdraw this writ petition to avail alternative remedy before the State Appellate Authority.
Prayer is allowed.
This writ petition is dismissed as withdrawn with liberty to the petitioner to move before the State Appellate Authority.
(Prabhat Kumar Jha, J)
BKS/-
U
2 issues framed by the court
Whether the petitioner is entitled to withdraw the writ petition to seek alternative remedy before the State Appellate Authority.
Whether the delay in joining the post bars acceptance of joining for Panchayat Teachers.
2 provisions across 2 enactments
Prakash Bir Sathi S/o Surya Narayan Yadav
The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna
The Director Primary Education, Bihar, Patna
The District Magistrate Madhepura
The District Education Officer Madhepura
The District Programme Officer Madhepura
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
