IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.23 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 69 of 2008 WITH INTERLOCUTORY APPLICATION No. 127 of 2011 WITH INTERLOCUTORY APPLICATION No. 128 of 2011 IN LETTERS PATENT APPEAL No.23 of 2011 ==================================================== Raj Kumar Gupta son of Sri Laxmi Narayan Gupta, resident of Mina Bazar, Raxaul, District East Champaran At present Incharge Headmaster, Upgraded Govt. Middle School Saunaha, P.S. Palanva, Block Raxaul, District East Champaran. …. …. Respondent-Appellant Versus 1. The Sate of Bihar through the Secretary, Department of Human Resources, Government of Bihar. 2. The Director, Sarva Shiksha Abhiyan Directorate, Pant Bhawan, Patna. 3. The District Magistrate, District East Champaran at Motihari. 4. The District Superintendent of Education, District East Champaran at Motihari. 5. The Block Development Officer, Raxaul, District East Champaran. 6. The Block Education Extension Officer, Raxaul, District East Champaran. 7. The Gram Panchayat Raj, Laxmipur Lachumanva through Panchayat Sachiva. 8. The Mukhiya, Gram Panchayat Raj, Laxmipur Lachumanva, Raxaul, District East Champaran. 9. The Panchayat Sachiva, Gram Panchayat Raj, Laxmipur Lachumanva, Raxaul, District East Champaran. 10. Shiv Balak Roy son of Late Harihar Roy, Village-Lachumanva, P.O. Saunaha, P.S. Palanva, District East Champaran at present Mukhia, Gram Panchayat Raj, Laxmipur Lachumanva. 11. Surendra Yadav, son of Not known, resident of now known, presently posted as Panchayat Soliy Gram Panchayat Raj, Laxmipur Lachumanva, P.S. Palanva, District East Champaran. 12. Gangdeo Ram son of not known, resident of not known presently posted as Block Education Extension Officer-cum-Co-ordinator, Block Resources Centre, Sarva Shiksha Abiyan, District East Champaran. …. …. Respondents-Respondents 13. Sangita Kumari wife of Shri Satendra Baitha, resident of Village- Saunaha, Panchayat Laxmipur Lachumanva P.S. Palanva, Raxaul, District East Champaran. …. …. Petitioner-Respondents - 2 - ==================================================== Appearance : For the Appellant : Mr. Ravi Bhushan Verma, Advocate For the Respondent State: Mr. Alok Kumar, A.C. to GA-1 For the Respondent No.8: Mr. Praveen Kumar, Advocate For the Respondent No.13: Mr. Shantanu Kumar, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 15.3.2011. The delay of 74 days occurred in filing the Letters Patent Appeal is condoned. This appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 23rd August 2010 passed by the learned single Judge in above C.W.J.C. No. 69 of 2008. The appellant is the respondent no.10, the then Headmaster of the concerned school. Learned Advocate Mr. Shantanu Kumar has appeared for the respondent no.13-the writ petitioner. He has submitted that pursuant to the direction issued by the learned single Judge, by order dated 26th November 2010 made by the District Magistrate, East Champaran, Motihari, the petitioner has been paid the arrears of salary. Under the impugned order the writ petition was allowed. The petitioner was ordered to be paid the arrears of salary. No order has been issued against the - 3 - respondent no.10-the appellant. The appellant can not be aggrieved by the impugned order. The appeal is not maintainable. The Appeal is dismissed. Interlocutory application nos. 127 of 2011 and 128 of 2011 stand disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)