IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7461 of 1997 BINAY KUMAR, son of Bisheshwar Prasad, village Biratpur, P.O. Kamalpur, P S. Basopatti, District Madhubani…. Petitioner. Versus 1. THE STATE OF BIHAR 2. Commissioner and Secretary, Secondary, Primary and Adult Education Department, Vikas Bhawan, Patna. 3. Regional Deputy Director of Education Darbhanga, Division, Darbhanga. … Respondents. With CWJC No.7468 of 1997 1. RAM LAL CHOUDHARY son of late Jagdish Choudhary of village and P O Siriapur, P S. Basopatti, district Madhubani. 2. Arun Kumar Thakur, son of Sri Mahendra Thakur of village and P O Siriapur, P S. Basopatti, District Madhubani…. Petitioners. Versus 1. STATE OF BIHAR 2. Commissioner and Secretary, Secondary, Primary and Adult Education Department, Vikash Bhawan, Patna. 3. Regional Deputy Director of Education, Darbhanga… respondents. ----------- 3. 15.07.2010 After some argument, Mr. Rajendra Prasad Singh, learned senior counsel for the petitioners would seek permission to withdraw both these writ petitions in order to file a statutory appeal before the Divisional Commissioner inasmuch as the petitioners were teachers of Basic School and their services were terminated under the order of the Regional Deputy Director of Education, Darbhanga. Accordingly, these writ petitions are dismissed as withdrawn with the aforementioned liberty with an 2 observation that in view of the fact that impugned order was passed on 15.7.1997 and the writ petitions were filed on 21.8.97, it would be open for the petitioners to file an appeal within a period of two months from today in which case the delay in filing of appeal will not be fatal for disposal of the appeal and the appellate authority shall consider the appeals of the petitioners on merits and pass an appropriate reasoned order without being prejudiced by withdrawal of these writ petitions. kanchan/ (Mihir Kumar Jha, J.)