IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.702 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 14771 OF 2009 ========================================== 1. KUMUD KUMARI WIFE OF SRI SANJAY KUMAR MISHRA, RESIDENT OF VILLAGE – KARIHARA, PS SARAIRANJAN, DISTRICT SAMASTIPUR 2. ANISA KUMARI WIFE OF SRI SHAMBHU SHANKAR RAUT, RESIDENT OF VILLAGE – GOPALPUR, PS BACHHWARA, DISTRICT – BEGUSARAI 3. PAWAN KUMAR SON OF SRI BADRI RAJAK, RESIDENT OF VILLAGE MUKUNDPUR, PS PATORI, DISTRICT SAMASTIPUR 4. SATISH KUMAR SON OF SRI AMAR KUMAR JHA, RESIDENT OF VILLAGE – KALYANPUR, PS SARAIRANJAN, DISTRICT SAMASTIPUR ……. APPELLANTS Versus 1.THE STATE OF BIHAR 2.THE SECRETARY, HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT, PATNA 3. DISTRICT MAGISTRATE, SAMASTIPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR 5. THE BLOCK DEVELOPMENT OFFICER, SARAIRANJAN BLOCK,SAMASTIPUR 6. THE BLOCK EDUCATION OFFICER, SARAIRANJAN, SAMASTIPUR 7. THE MUKHIYA 8. THE SECRETAR – BOTH ARE MEMBER OF SUKHSUVIDHA COMMITTEE OF GRAM PANCHAYAT RAJ, SARAIRANJAN WEST, SAMASTIPUR 9. THE HEADMASTER, RAJKIYE PRATHMIK VIDYALAYA, KALYANPUR, SAMASTIPUR 10. THE HEADMASTER, UTKRAMIT MIDDLE SCHOOL, SHITALPATTI, SAMASTIPUR ….RESPONDENT-RESPONDENTS 11. RANJEET KUMAR JHA 12. ANU KUMARI 13. KUMARI RANJANA 14. ANIL KUMAR PASWAN …..PETITIONERS –RESPONDENTS APPEARANCE : MR. S Kr. THAKUR for the appellants MR. SYED ARSHAD ALAM, SC IV for the State MR. MR. GAUTAM KUMAR YADAV, AC to SC IV ============================================= 2 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR.JUSTICE S K KATRIAR Date : 08.07.2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ORDER IN LETTERS PATENT APPEAL : This appeal under clause 10 of the Letters Patent has been preferred by the appellants with the leave of this Court. The appellants seek to challenge the order passed by the learned single Judge on 10.2.2010 in CWJC No.14771 of 2009. Under the impugned order, the learned single Judge has set aside the order of termination of service of the writ petitioners and has ordered that the petitioners be reinstated on their respective posts in the concerned schools. The subject matter is appointment of Panchayat Teachers. The appellants claim that the order of the learned single Judge has been obtained by the writ petitioners by suppressing the material facts. On account of the order of the learned single Judge the appointment of the appellants as Panchayat Teachers allegedly made on 29th November, 2007 is cancelled. Prima facie, we do not find any merit in this submission. The order dated 29th November, 2007 relied upon by the appellants is an intimation of selection for appointment, and not an order of appointment. The order of termination of service issued under the signature of Panchayat Secretary of Gram Panchayat Raj Sarairanjan, West, relied upon by the appellants is of 24th November 2008. Evidently the said order was not 3 made pursuant to the impugned order of the learned single Judge. Further, the learned Advocate Mr. S.Kr. Thakur appearing for the appellants has admitted that the above referred order dated 24th November 2008 has been challenged by the appellants before the District Teachers Employment Appellate Tribunal, Samastipur, which is pending before the Tribunal. In above view of the matter, the appeal does not require to be entertained at this stage. The appellants may pursue the remedy before the Tribunal availed by them. It is, however, observed that the Tribunal will decide the matter on merits, without being influenced by the judgment and order passed by the learned single Judge. Subject to the above observations, the appeal is disposed of. ( R M Doshit, CJ.) ( S K Katriar, J.) mrl