IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1312 of 2010 In Civil Writ Jurisdiction Case No. 10764 of 2009 ====================================================== 1. Chinta Kumari D/O Ambika Roy R/O Vill & P.O.Barka Diya, P.S.Dumraon, Distt-Buxar 2. Vinay Kumar S/O Baikunth Nath Khare R/O Moh Bamar, Ward No.4, P.S.-Distt-Buxar 3. Manoj Kumar Singh S/O Dadan Singh R/O Vill Chaturahalganj, Dumraon, P.S.Dumraon, Distt-Buxar .... .... Appellant/s Versus 1. The State Of Bihar 2. The Secretary, Human Resources Development Department, Govt. Of Bihar, Patna, New Secretariat, Patna 3. The Director, Primary Education, Govt. Of Bihar , Patna 4. The District Education Officer, Buxar 5. The District Superintendent Of Education, Buxar 6. The District Magistrate, Buxar 7. The Deputy Development Commissioner, Buxar 8. The Sub-Divisional Officer Dumraon, Distt-Buxar 9. The Block Development Officer, Simari,Distt-Buxar 10. The Block Education Extension Officer, Simari, Distt-Buxar 11. The Member District Teacher Appointment Appellate Tribunal, Buxar 12. The Mukhiya, Gram Panchayat Raj Kathar, P.S.Krishna Braham, Block-Simari, Distt-Buxar 13. The Panchayat Secretary, Gram Panchayat Raj Kathar, P.S.Krishna Braham, Block-Simari, Distt-Buxar 14. Pramesh Kumar Singh S/O Surendra Kumar Singh R/O Moh Naibazar, Ward No.4, P.S.& Distt-Buxar 15. Pankaj Kumar Singh S/O Ramjee Singh R/O Vill Kathar, P.S.Krishna Braham, Distt-Buxar 16. Kumari Usha Tiwari D/O Sri Mahabir Choubey R/O Vill +P.O.Kathar, P.S.Krishna Braham, Distt-Buxar .... .... Respondent/s ====================================================== 6 22-12-2011 Heard learned counsel for the appellant and perused the order of the Writ Court. Good reasons have been assigned for not interfering in the matter because of findings recorded by the BDO as well as by Patna High Court LPA No.1312 of 2010 (7) dt.22-12-2011 2 the appellate authority. Lack of register to show counselling on the given date was a crucial piece of evidence and its absence confirmed the allegation that no proper counselling was held. We find no merit in this appeal. It is accordingly dismissed. It goes without saying that the writ petitioner may be paid their wages for the period they have worked on the post in accordance with law. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)