Shahnaz Begum v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5194 of 2018 ====================================================== Shahnaz Begum Daughter of Ilyas Resident of Village- Chhoti Ballia, Saidanchak, Police Station- Balia, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Human Resources Development Bihar, Patna.

3. The Director, Bihar Education Project Council, Bihar, Patna.

4. The Joint Secretary, Department of Education, Bihar, Patna

5. The District Magistrate, Begusarai.

6. The District Programme Officer, Saksharta and Madhyamik Education, Begusarai.

7. The District Programme Officer (Sarva Siksha Abhiyan), Begusarai.

8. The Sub-Divisional Officer, Begusarai.

9. The Block Development Officer,Block Balia, Begusarai.

10. The Block Education Officer, Balia Block, District- Begusarai.

11. The Headmaster, Urdu Primary School, Saidanchak, Block- Balia, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anamul Haque For the Respondent/s :

Mr. Smt. Shilpa Singh- Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2018 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The petitioner claims to be discharging duties of Talimi Markaz at Saidanchak, Balia Block, District Begusarai since 29.12.2010. The complain of the petitioner is that she is not being paid current as well arrears of honorarium in spite of the fact that she is discharging her duties.

This Court would find that the petitioner has never approached the respondent authorities for such claim raising her

Patna High Court CWJC No.5194 of 2018(2) dt.13-12-2018 2/2 grievances. It is trite law that there should be a demand for the relief and refusal by the authorities to exercise their jurisdiction for invoking jurisdiction under Article 226 of the Constitution of India. In the instant case, no such demand has ever been raised by the petitioner and she has rushed directly to this Court. As such, there is no occasion for this Court to exercise jurisdiction in view of the aforesaid provision.

The writ petition is dismissed.

The petitioner would be at liberty to avail her departmental remedies.

(Madhuresh Prasad, J) SNkumar/- U