LAWS(PAT)-2016-8-85

MANISH KUMAR CHAND Vs. STATE OF BIHAR

Decided On August 24, 2016
Manish Kumar Chand Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Petitioners are plaintiff. They are aggrieved by an order dated 29.11.2010 passed by District Judge, Bhojpur at Ara in Miscellaneous Appeal No.21/2009 whereby and whereunder the appellate court had allowed the Miscellaneous Appeal setting aside the order dated 14.09.2009 passed by 4th Additional Munsif, Bhojpur at Ara in Title Suit No. 12/2008.

(2.) In order to properly appreciate the submissions as well as legal grounds having been raised at the end of rival parties, the facts of the case is to be noticed first. Petitioners/plaintiffs have asserted that they were selected and appointed as Panchayat Teachers relating to Gram Panchayat, Harpur, Anchal, Garhani, District, Bhojpur at Ara after exhausting all the necessary paraphernalia as prescribed under "Shikshak Niyukti Niyamavali, 2006"subsequently, became victimized at the end of local Mukhiya, Malti Devi who was more eager to appoint her Bhagini, Rita Kumari and in the aforesaid background, the aforesaid Malti Devi who forbade herself to participate during appointment process approached before Deputy Development Commissioner, Bhojpur at Ara who set aside the appointment of the petitioners/plaintiffs so communicated vide Letter No.956/Confidential dated 13.09.2007 whereupon suit (Title Suit No. 12/2008) has been filed asking for relief to set aside the aforesaid order as being illegal, without jurisdiction, the defendant be restrained from interfering with the due discharge of duty by the plaintiffs, cost of suit, any other relief or reliefs.

(3.) Subsequently thereof, the petitioners/plaintiffs filed a petition for granting of ad interim injunction in their favour against the defendant asking for stay of execution as well as operation of order dated 13.09.2007 which was allowed vide order dated 21.02.2008 effective till submission of show-cause which, after filing of show-cause as well as hearing respective parties was vacated on 14.09.2009.