Disposed

Rekha Kumari v. The State of Bihar

Patna HC20 Apr 2024CWJC/12086/2014

Case brief

AI extract

What is this about?

The court disposed of two writ petitions. For CWJC No. 12083, it held the writ was filed against an unchallenged order and directed the petitioner to file an appeal before the State Appellate Authority. For CWJC No. 23861, it set aside an order dismissing an appeal on limitation grounds and remanded the matter on merits.

What did the court decide?

Petitioner in CWJC No. 12083 given liberty to file appeal before State Appellate Authority. Order in CWJC No. 23861 remanded to State Appellate Authority for merits.

Rekha Kumari Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12086 of 2014

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======================================================

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Rekha Kumari W/o Sri Dev Kishore Pankaj, R/o Mohalla- Kusum Colony, Station Road, Hilsa, P.O. and P.S.- Hilsa, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Member, District Teachers Employment Appellate Authority, Nalanda.

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The Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna.

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The District Education Officer, Nalanda.

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The Block Development Officer, Hilsa, Nalanda.

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The Block Education Extension Officer, Hilsa, Nalanda.

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The Mukhiya, Chiksoura Gram Panchayat, Hilsa, Dist. - Nalanda.

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The Panchayat Secretary, Chiksoura Gram Panchayat, Dist.- Nalanda.

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Sintu Kumari, W/o Vimlesh Kumar, R/o Village- Nonia Bigha, P.S. - Hilsa, District - Nalanda.

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Ram Krishna, S/o Sri Sitaram Durivedi, R/o Village- Badahiya, P.O. and P.S.- Sarmera, Dist.- Nalanda.

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... ... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No. 23861 of 2018

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======================================================

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Babita Kumari, D/o Braj Mohan Prasad, Resident of Village- Nonia Bigha, P.O.- Kapsiwan, P.S. Hilsa, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

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The District Magistrate, Nalanda.

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The District Education Officer, Biharsharif, Nalanda.

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The Block Education Extension Officer, Hilsa Prakhand, Nalanda.

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B.D.O., Hilsa Prakhand, Nalanda.

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The Mukhiya, Gram Panchayat Raj, Chiksaura, Hilsa, Nalanda.

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The Secretary, Gram Panchayat Raj, Chiksaura, Hilsa.

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Ram Krishna, S/o Sri Sitaram Dwivedi, Resident of Village- Badhia, P.O. Sarmera, P.S. Sarmera, District- Nalanda.

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Patna High Court CWJC No.12086 of 2014(13) dt.20-04-2024 2/3

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... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 12086 of 2014) For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent/s : Mr. Manoj Kumar Sinha, AC to GA-9 For the Respondent-9 : Mr. Rajesh Kumar (In Civil Writ Jurisdiction Case No. 23861 of 2018) For the Petitioner/s : Mr. Uday Narayan Singh For the Respondent/s : Ms. Shilpa Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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13 20-04-2024

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CWJC No. 12083 of 2014

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Heard learned counsel for the parties concerned.

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The matter is refereed to the State Appellate Authority

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inasmuch as the writ application, bearing CWJC No. 12083 of 2014, has been filed against the order, dated 02.08.2013, bearing Appeal Case No. 104 of 2010, passed by District Appellate Authority, Nalanda (Biharsharif), which has not been challenged before the State Appellate Authority.

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Regards being had to the nature of dispute, the petitioner is given liberty to file an appeal before the State Appellate Authority within a period of one month from today.

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If the appeal is filed by the petitioner, alongwith condonation of delay petition, the State Appellate Authority shall considered and dispose the same on its own merit within a reasonable time frame after giving opportunity of hearing to the persons concerned.

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Patna High Court CWJC No.12086 of 2014(13) dt.20-04-2024 3/3

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With the aforesaid observation and direction, this writ

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application is, accordingly, disposed.

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CWJC No. 23861 of 2018

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Heard learned counsel for the parties concerned.

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In so far as CWJC No. 23861 of 2018 is concerned,

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the petitioner has filed the present writ application against the order, dated 10.08.2018, bearing Appeal No. 233 of 2018, passed by the State Appellate Authority, by which the appeal of the petitioner has been dismissed on the ground of limitation.

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In the opinion of this Court, the dismissal of the appeal on technical ground of delay is not correct.

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Accordingly, the order, dated 10.08.2018, passed in Appeal No. 233 of 2018, by the State Appellate Authority is set aside and the matter is remanded back to the State Appellate Authority for deciding the issues on its own merit within a reasonable time frame.

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With the aforesaid observation and direction, this writ application is, accordingly, disposed.

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(Anil Kumar Sinha, J)

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ashwani/-

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Rekha Kumari v. The State of Bihar

Case brief

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Rekha Kumari v. The State of Bihar

Case brief

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