Nilam Devi @ Nilam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2000 of 2023 ====================================================== Nilam Devi @ Nilam Kumari Wife of Shri Birjnarayan Dubey, Resident of Village- Sonakara, Sonkara, Police Station- Asaon, District- Siwan. At present Posted and working as a Prakhand Teacher, Govt. Upgraded Middle School, Sonkara, Block- Andar, District- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar.

2.

The Additional Chief Secretary-cum-the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The District Magistrate, Siwan.

5.

The District Education Officer, Siwan.

6.

The District Programme Officer (Establishment), Siwan. 7.

The Chairman-cum-Prakhand Pramukh, Block Teachers Employment Committee, Andar, District- Siwan.

8.

The Block Development Officer-cum-Member Secretary, Block Teachers Employment Committee, Andar, District- Siwan. 9.

The Block Education Officer, Block- Andar, District- Siwan. 10.

Smt. Sarika Singh Wife of Sri Abhishek Kumar Singh, Prakhand Teacher, Govt. Upgraded Middle School Sonkara, Anchal- Andar, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :

Smt. Binita Singh (SC-28) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2023 At the outset, Mr. Umesh Kumar Mishra, learned counsel for the petitioner submits that the petitioner in this case is a Block Teacher, therefore in the nature of the dispute raised in this writ application, she has a remedy available under rule 18 of the Bihar Elementary Teachers Appointment Rules, 2006. Learned counsel, therefore, seeks permission to withdraw this

Patna High Court CWJC No.2000 of 2023(2) dt.23-06-2023 2/2 writ application with liberty to the petitioner to seek her remedy before the District Teacher Employment Appellate Authority, Siwan.

Learned counsel for the State has no objection to the same.

In the circumstances, this writ application is permitted to be withdrawn with liberty to the petitioner to seek her remedy before the District Teacher Appointment Appellate Authority, Siwan by filing an appropriate appeal within a period of 30 days from today. In case, any such appeal is preferred, the same will be considered on it's own merit and in case a question of limitation arises, the Tribunal will consider the same keeping in view that the petitioner was pursuing her remedy before this Court under some bonafide belief.

This Writ Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U