IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.391 of 2009 MUKHIYA,GRAM PANCHAYAT RAJ BHAWARIYA, P.S. RAMGARH CHOWK, DIST. LAKHISARAI------- APPELLANTS Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE,LAKHISARAI 4. BLOCK DEVELOPMENT OFFICER, RAMGARH CHOWK, DIST. LAKHISARAI 5. DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI 6. GRAM PANCHAYAT SACHIV GRAM PANCHAYAT RAJ BHAWARIYA, DIST. LAKHISARAI 7. HEAD MASTER, PRIMARY SCHOOL, PHULAIYA, DISTRICT. LAKHISARAI 8. RAKESH RANJAN, S/O SHRI KAUSHAL KUMAR, R/O VILL- PO MAHSAURA, P.S. RAMGAGH, DIST. LAKHISARAI(BIHAR).----RESPONDENTS ----------- For the Appellant:- Mr. Pankaj Kr. Singh & Mr. Rajeev Kumar For respondents 1 to 5:- Assistant Counsel to G.P.19 3 18.8.2009 Heard Counsels appearing for the parties. The respondent no.8 in CWJC No.7224 of 2007 has filed this appeal against the order dated 9.2.2009 of the learned Single Judge, whereunder the learned Single Judge while allowing the writ petition filed by the present respondent nos. 8 and 9 had issued a direction to the authorities to allow the writ petitioners to join in the service and to draw their salary. The main grievance of the appellant in - 2 - this appeal is to the effect that original respondent no. 8 in the writ petition was not served with notice and the matter was decided behind his back. Several factual contentions have been raised by the appellant in the present appeal. Keeping in view that the principle of natural justice has not been followed, we feel that interest of justice would be served by remanding CWJC No. 7244 of 2007 to the learned Single Judge for fresh disposal in accordance with law. The present appellant shall file the counter within a period of three weeks from today. In the meantime the present respondent nos. 8 and 9 in the LPA would be allowed to join and draw their salary. This will be without prejudice to the ultimate decision in the writ petition. It is made clear, in the facts and circumstances of the case, that the matter has been remanded and an order has been passed for - 3 - allowing the present respondents 8 and 9 to join duty and draw their salary should not be construed as expressing any opinion on the merit in the writ petition which shall be considered on its own merit on the basis of materials available on record. (P.K.Misra,C.J.) (Shiva Kirti Singh,J.) A.Kumar