IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17223 of 2007 KINTU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 25.03.2010 Through I.A. No. 2546 of 2010 the petitioner has brought on record an order passed by the Appellate Authority whereby he has refused to entertain the appeal of the petitioner on the ground that earlier the appeal of the petitioner was disposed of by the B.D.O. and against which this writ application is pending. As per resolution contained in memo no. 3153 dated 25.8.2008 Appellate Authority had been constituted in the District which has been empowered to hear the appeals filed by the aggrieved persons. Now that the Appellate Authority has been constituted to hear the appeal under the provisions of Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006 it will be proper that the matter is heard and decided by it. For this purpose the order passed by the B.D.O. dated 23.11.2007, as contained in Annexure-15, is set aside, and the order of the Appellate Authority dated 6.1.2010 passed in Case No. 141 of 2009 is 2 also set aside and the matter is remitted back to the appellate authority to consider the appeal of the petitioner on merits after hearing the parties. The Appellate Authority shall endeavour to decide the appeal of the petitioner within the time frame fixed in the said resolution of the Government. Till the matter is finally decided by the Appellate Authority status quo as existing today shall be maintained by the parties. The Authority after deciding the matter shall also issue consequential orders immediately. The parties have appeared in the case and this order is being passed in presence of all of them. Arvind/ (J. N. Singh, J.)