The claim for employment based on an application submitted in 2006 was dismissed due to changes in employment rules and lack of available vacancies, emphasizing the importance of timely appeals.

JUDGMENT :

Anjani Kumar Sharan, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ application has been filed for the following relief/s:-

“(i) For issuance of a writ in the nature of certiorari for quashing the order dated 14.12.2018 passed by the Chairperson of State Appellate Authority, Education Department in Appeal No.340/2018 whereby and whereunder the learned Chairperson of the State Appellate Authority was pleased to dismiss the order dated 13.09.2017 passed by learned District Appellate Authority in Appeal Case No.18/2017.

(ii) For issuance of an appropriate writ/order/direction for commanding and directing the respondent authorities to appoint the petitioner on the post of Block Teacher in Bihta Block for the Niyojan Year, 2006 under visually disabled category.”

3. The short fact of the case is that in the year 2006, petitioner submitted his application for his selection on the post of Block Teacher under visually disabled category, in Bihta Block, for the Niyojan year, 2006. Petitioner was directed to appear in counselling on 28.02.2007 vide letter no.104 dated 16.02.2007 issued under the signature of Block Education Extension Officer cum Member Secretary Teacher Employment year, 2016. In response to letter no.104, petitioner appeared in counselling on 28.02.2007 and in fifth merit list, his name was placed at serial no.12.

4. A person namely Shivnandan, who was placed at serial no.39 in the seventh merit list was selected in place of petitioner. Thereafter, petitioner moved before the Lokayukt, Bihar and District Magistrate, Patna on 08.11.2007 and complaint case no.5/ Lok Shiksha 555/2007 was registered in Lokayaukta Office but no action was taken by the District Magistrate, Patna and the matter was pending till 2015 before the Lokayukta, Bihar. On 15.01.2015, complaint case no.5/(Lok Shikhsha) 555/07 399 was disposed of by the Lokayukta, Bihar whereby and where under the petitioner was directed to raise his grievances before the District Teacher Appellate Authority which is empowered to pass appropriate order and petitioner was informed. Thereafter, petitioner moved before District Teacher’s Appellate Authority, Patna vide Appeal Case No.05/2015 and on 12.10.2015 after hearing both sides the learned District Appellate Authority, Patna was pleased to direct the Block Teacher Niyojan Committee, Bihta to consider the case of petitioner in accordance with law and complete the selection process. The District Programme Officer (Establishment), Patna vide letter no.2672 dated 04.04.2016 directed to Block Development Officer-cum-Member Secretary, Block Teacher Niyojan Committee, Bihta to comply the memo no.534 dated 04.11.2015 issued by the District Appellate Authority, Patna.

5. In pursuance of Memo No.534 dated 04.11.2015 issued by the District Teacher Appellate Authority, Patna and letter no.2672 dated 04.04.2016, the claim of petitioner was dismissed by the Block Development Officer-cum-Member Secretary, Block Employment Committee, Bihta that though petitioner is trained and visually disable person but he is not holding T.E.T. degree and after 15.03.2015 persons who are not trained/T.E.T. pass will not be appointed/selected on the post of teacher. Thereafter, the petitioner moved before the District Teacher Appellate Authority vide Appeal Case No.18/2017 and the learned Chairperson of the District Appellate Authority treated the case no.18/2017 as contempt case and on 17.09.2017 after hearing both sides directed the respondent authorities to appoint/select the petitioner on the post of Block Teacher on visually disabled category.

6. Thereafter, the respondent Block Development Officer-cum-Member Secretary, Block Teacher Employment Unit and B.E.E.O., Bihta moved before State Appellate Tribunal, Patna vide Appeal No.340/2018 which was allowed by Chairperson of Appellate Tribunal and the order dated 13.09.2017 passed in Appeal No.18/17 by the District Teacher Appellate Autho