IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 4281 of 2009 DHARMDEV PATHAK, S/O LATE MATHURA PATHAK, RESIDENT OF VILLAGE – BANGRA, POST-KOILA BELWA, P.S. – BARACHKIYA, DISTRICT-EAST CHAMPARAN ………………… PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH D.M., EAST CHAMPARAN AT MOTIHARI 2. B.D.O., KALYANPUR, DISTRICT-EAST CHAMPARAN 3. MUKHIYA-GRAM PANCHAYAT RAJ KOILA BELWA, BLOCK KALYANPUR, DISTRICT-EAST CHAMPARAN 4. DESIGNATE OFFICER (PANCHAYAT SECRETARY) GRAM PANCHAYAT, RAJ KOILA BELWA BLOCK KALYANPUR, DISTRICT-EAST CHAMPARAN 5. UMA KANT PRASAD, S/O SHRI DEV LAL PRASAD, RESIDENT OF VILLAGE – CHANAKIA, P.S. – BARA CHAKIYA, DISTRICT-EAST CHAMPARAN …………….. RESPONDENTS ----------- 02. 25.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner was appointed as Panchayat Teacher and posted at Primary School, Yadav Tola Koila Belwa under Koila Belwa Panchayat in the district of East Champaran, vide order dated 06.09.2007. His appointment was cancelled and in his place one Uma Kant Prasad was appointed. Petitioner made a complaint before the Chief Minister of Bihar, from where a direction was issued to the Block Development Officer, Koila Belwa, East Champaran to examine the matter after holding proper enquiry. The Block Development Officer vide order dated 10.05.2008 found appointment of the petitioner as legal and genuine. Petitioner’s grievance is 2 that despite this order, he has not been reinstated on his post. Petitioner has alternative remedy by filing an appeal before the District Teachers Employment Appellate Tribunal and the Appellate Tribunal can issue a direction to the concerned Respondents for giving effect to the order passed by the BDO, vide which the petitioner’s appointment has been found legal and genuine. This Writ Application is being disposed of giving liberty to the petitioner for filing an appeal before the District Teachers Employment Appellate Tribunal. In case such appeal is filed by the petitioner within four weeks from today that should be considered and decided in accordance with law, giving proper opportunity to all concerned, including petitioner. The appeal must be disposed of within three months from the date of its filing. SKM (Mridula Mishra, J.)