Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2458 of 2024 ====================================================== 1.

Ranjeet Kumar S/o-Sri Narayan Mehta R/o-At and P.O.- Tengraha, P.S.- Bheja, District- Madhubani 2.

Rajesh Kumar S/o Rajdev Yadav R/o-Vill-Kamataul, Tole-Pachgachhiya, P.O.-Phulhar, P.S.-Harlakhi, District-Madhubani. 3.

Pushpa Kumari W/o-Akhilesh Kumar Singh R/o-At, P.O. and P.S.-Sonai, District-Madhubani 4.

Munni Kumari W/o-Mahesh Chandra Paswan R/o-At, P.O. and P.S.- Baingra,, District-Madhubani 5.

Hira Singh S/o-Badari Singh R/o-Vill-Sonai, P.O. Sonai, P.S.-Khirhar, District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through The Additional Chief Secretary Education,Bihar, Patna.

2.

The Director, Primary Education Department, Bihar, Patna. 3.

The District Education Officer, District-Madhubani. 4.

The District Programme Officer, (Estt.) Madhubani. 5.

The Block Education Officer, Block-Madhwapur, District-Madhubani. 6.

The Mukhiya, Gram Panchayat Raj Pihhwara, Block-Madhwapur, DistrictMadhubani. 7.

The Panchayat Secreary, Gram Panchayat Raj Pihhwara, Block-Madhwapur, District-Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Rajeev Kumar Singh, Advocate For the State :

Mr. Standing Counsel 09, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2024 Heard learned counsels for the parties.

2. This writ application has been filed for issuance of an appropriate writ to the respondents to pay the arrears of salary to the petitioners from September, 2022 till today with appropriate statutory interest.

Patna High Court CWJC No.2458 of 2024(3) dt.28-10-2024 2/3

3. At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the maintainability of this writ application and submits that petitioners have already filed appeals bearing Appeal No. 64 of 2023 and Appeal No. 66 of 2023 before the District Teachers Appellate Authority, Madhubani on 15.12.2023 for payment of their due salaries, current salary and further for declaration of their valid appointments.

4. Learned counsel appearing on behalf of the petitioner does not dispute the above contentions.

5. In this regard, the Supreme Court, in the case of Satya Pal Anand versus State of Madhya Pradesh and Others reported in 2016 (10) SCC 767, has observed as follows:- "Pursuance of multiple remedy for same relief before different fora renders the petition nonmaintainable."

6. In the present case, the petitioners have already filed an appeal before the District Teachers Appellate Authority, Madhubani and the same is still pending for adjudication.

7. In that view of the aforesaid facts and circumstances of the case, this Court does not thinks it appropriate to interfere in the matter.

8. Accordingly, this writ application is disposed of

Patna High Court CWJC No.2458 of 2024(3) dt.28-10-2024 3/3 with direction to the petitioners to pursue their appeal which has already been filed before the District Teachers Appellate Authority, Madhubani.

(Prabhat Kumar Singh, J) shashank/- U