IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1453 of 2009 ***** 1. RAM NANDAN PRASAD YADAV S/O SRI KRISHAN PRASAD YADAV R/O VILL-MOUZMA, P.O-ZIRWA, P.S-SHANKARPUR PRESENTLY INCHARGE HEAD MASTER, K.A. INTER HIGH SCHOOL, MADHAILI BAZAR, P.S- SHANKARPUR, DISTT- MADHEPURA. …. …. Respondents/Appellant Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, PATNA 2. THE SECRETARY, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, SECONDARY EDUCATION (A GOVERNMENT OF BIHAR, PATNA) 4. THE DIRECTOR, SECONDARY EDUCATION (GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA) 5. THE REGIONAL DEPUTY DIRECTOR OF KOSHI DIVISION, SAHARSA 6. THE DISTRICT MAGISTRATE, MADHEPURA 7. THE DISTRICT EDUCATION OFFICER, MADHEPURA …. …. Respondents/Respondents 8. SHIV NANDAN YADAV DIWAKAR S/O LATE AWADH PRASAD YADAV, R/O VILL- MAUZMA, P.O- ZIRWA, P.S-SHANKARPUR, DISTT- MADHEPURA AT PRESENT ASSISTANT TEACHER K.A. HIGH SCHOOL, MADHWAILI BAZAR, P.S-SHANKARPUR, DISTT- MADHEPURA. …. …. Petitioner/Respondents ----------- For the Appellant : Mr. Bipin Bihari Singh, Advocate For the State : Mrs. Nividita Nirvikar, G.P.-16 For the Pvt. Respondent: Mr. Ganesh Prasad Singh, Senior Advocate ---------- 4. 4.3.2010. I.A. No. 7372 of 2009: - This is an application for condonation of delay of six days in preferring the appeal. Having heard learned counsel for the parties, we are of the considered opinion, sufficient ground do exist - 2 - for condonation of delay, and accordingly, it is so ordered. Interlocutory Application stands allowed. L.P.A. No.1453 of 2009:- As we have condoned the delay, we are inclined to take up the appeal for admission. As the parties have already entered appearance, on consent of learned counsel for the parties, it is finally heard. In this appeal, assail is to the order dated 7.10.2009 passed by the learned Single Judge in C.W.J.C. No. 10461 of 2009. Questioning the correctness of the order, it is submitted by Mr. Bipin Bihari Singh, learned counsel for the appellant that though he was arrayed as respondent no.8 in the writ petition, he was not noticed and an adverse order had been passed against him. Mrs. Nividita Nirvikar, learned counsel for the State submitted that a counter affidavit was a warrant in the said case inasmuch as the learned Single Judge has placed reliance on the order passed by the Director, Secondary Education, which has been set aside by the Secretary of the Department. At this stage, it is submitted by Mr. Ganesh - 3 - Prasad Singh, learned senior counsel appearing for the private respondent, that the order passed by the Secretary nullifying the order of the Director has already been challenged before this Court, forming the subject matter of C.W.J.C. No. 1234 of 2010, wherein an interim order has been passed. In our considered opinion, the issue involved, deserves to be adjudicated, as the question of seniority and cadre are required to be dwelled upon. That apart, the appellant, who was the beneficiary of the order, was not heard in the matter. In view of the aforesaid, we are inclined to allow the appeal, set aside the order passed by the learned Single Judge and direct the writ petition to be heard along with C.W.J.C. No. 1234 of 2010 with a further stipulation that learned counsel for the State shall file the return to this writ petition within a period of four weeks from today. There shall be no order as to costs. Pawan/ (Dipak Misra, CJ) (Ramesh Kumar Datta, J.)