Gopal Prasad Gupta vs The State Of Bihar & Ors on 14 November, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Letters Patent Appeal No.1495 of 2011
                                                  In
                            Civil Writ Jurisdiction Case No. 4931 of 2008
                                                 With
                             Interlocutory Application No. 7089 of 2011
                                                  In
                               Letters Patent Appeal No. 1495 of 2011
                ======================================================
                Gopal Prasad Gupta, S/o Chandradeo Prasad Gupta, R/o Village + P.O.-
                Mardwa (West), P.S.- Bihpur, District-Bhagalpur.
                                                             .... ....   Petitioner/Appellant
                                                 Versus
                1. The State of Bihar
                2. The Secretary, Primary and Adult Education and Human Resources
                   Development Department, Government of Bihar , Patna
                3. The District Magistrate, Bhagalpur
                4. The Deputy Development Commissioner, Bhagalpur
                5. The District Superintendent of Education, Bhagalpur
                6. The Block Development Extension Education Officer, Bihpur, District-
                   Bhagalpur
                7. The Block Development Officer, Bihpur, District- Bhagalpur
                8. The Mukhiya, Gram Panchayat, Mardwa, District- Bhagalpur
                9. The Gram Panchayat Secretary, Mardwa, Block- Bihpur, District-
                   Bhagalpur
                                                   .... .... Respondents/Respondents
                ======================================================
                Appearance :
                For the Appellant/s  : Mr. Rajendra Prasad, Sr. Advocate.
                                       Mr. Pramod Kumar
                                       Mr. Ritesh Kumar, Advocates.
                For the Respondent/s : Mr. Amrendra Kumar, A.G. to G.P.8
                ======================================================
                CORAM: HONOURABLE THE CHIEF JUSTICE
                       and
                       HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

                ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

3 14-11-2011 Re. Interlocutory Application No. 7089 of 2011:

The delay of 16 days occurred in filing the Letters
2 Patna High Court LPA No.1495 of 2011 (3) dt.14-11-2011

2/2

Patent Appeal is condoned.

Interlocutory application stands disposed of.
Re. Letters Patent Appeal No. 1495 of 2011:

Feeling aggrieved by the judgment and order dated
14th July 2011, passed by the learned single Judge in above CWJC
No. 4931 of 2008, the writ petitioner has preferred the present
Appeal under Clause 10 of the Letters Patent.

The matter at dispute is non-renewal of the
appointment of the appellant as Shiksha Mitra after completion of
the contractual period of 11 months in April, 2006.

Effective from 1st July 2006, the post of Shiksha
Mitra has been abolished under Rule 20(iii) of the Bihar
Panchayat Elementary Teachers (Employment and Service
Conditions) Rules, 2006.

In view of our judgment in the matter of Smt. Renu
Kumari Pandey Vs. The State of Bihar & Ors. [2011(4) PLJR
297], the claim of the appellant is not sustainable.

Appeal is dismissed in limine.

                                                  (R.M. Doshit, CJ)


Sujit/-                                    (Birendra Prasad Verma, J)