IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2402 of 2008 UDAY VANU, aged about 31years, Son of Sri Parmanand Jha, resident of Kantia (Sonaili), P.O. Sonaili, P.S.-Kadwa, District-Katihar. ………..Petitioner. Versus 1. The State of Bihar. 2. District Magistrate-cum-Collector, Katihar. 3. District Development Commissioner, Katihar. 4. District Education Officer, Katihar. 5. District Superintendent of Education, Katihar. 6. Block Development Officer, Kadwa, P.S.-Kadwa, District-Katihar. 7. Block Education Extension Officer, Kadwa, P.S.-Kadwa, District-Katihar. 8. Mukhiya, Gram Panchayat, Bhogaon at Bhogaon, P.S.-Kadwa, P.O.- Milikpahlagadh, District-Katihar. 9. Panchayat Secretary-cum-Secretary Panchayat Teacher Appointment (Sachiv), Bhogaon Gram Panchayat, Bhogaon, P.O.-Milikpahlagadh, P.S.- Kadwa, District-Katihar. 10. Headmaster, Primary School, Muradpur West, Muradpur, P.O.-Milik Pahlagadh, P.S.-Kadwa, District-Katihar. 11. Ragib Akhtar, Son of Md. Zainul Haque, resident of Mahila, P.O.-Salmari, P.S.-Azamgarh, District-Katihar, presently posted as Teacher, Primary School Muradpur West, at Muradpur, P.O.-Milikpahlagadh, P.S.-Kadwa, District-Katihar. …………Respondents. ----------- 2/ 27.04.2010 I.A. No. 2599 of 2010. Interlocutory application has been filed by the petitioner for staying the order, whereby respondent No. 11 has been appointed on the post of Panchayat Teacher. Respondent No. 11 was appointed vide order contained in letter dated 28.02.2007. Considering the fact that three years earlier the respondent No. 11 was appointed and is continuing on his post, until the issue involved in this application is decided on merit, no such order can be passed. In the interlocutory application it has been disclosed by the petitioner that during the pendency of the writ application, he has moved before the 2 District Teachers Employment Appellate Tribunal by filing an appeal, which is pending for consideration. In the given fact and circumstance of the case, the counsel for the petitioner is permitted to withdraw this application with a liberty to pursue his pending appeal before the appellate Tribunal. The appeal preferred by the petitioner and pending before the Tribunal, must be considered and decided on merit, within the statutory period. This application is disposed of. Sanjeet/- (Mridula Mishra, J.)