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Patna High CourtCWJC/2143/2026disposed

Mamta Kumari v. The State Of Bihar

2026-02-09Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2143 of 2026 ====================================================== Mamta Kumari D/o Ram Bahadur Sah, Wife of Manish Kumar Gupta, Resident of village and P.O.- Dharhara, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Education Deptt, Old Secretariat, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

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

The Regional Deputy Director Education, Purnea. 5.

The District Programme Officer, Establishment Purnea. 6.

The Block Development Officer, Banmankhi Purnea. 7.

The Block Education Officer, Banmankhi Purnea. 8.

The Mukhiya Gram Panchayat, Raj Dharhara, P.S. and Block - Banmankhi, Purnea.

9.

The Panchayat Secretary, Gram Panchayat Raj Dharahara, P.S. and BlockBanmankhi, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Singh, Adv.

For the Respondent/s :

Mr. Binod Kumar Yadav, SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-02-2026 Heard the parties.

2. Learned Advocate for the petitioner submitted at the bar that the petitioner was duly appointed as a Panchayat Teacher, in pursuance to the order passed by the District Appellate Authority, Purnea as contained in Memo No. 19 dated 27.02.2020, the copy of which is marked as Annexure-P/1. Despite the fact, the petitioner has submitted her joining and discharging her duty as a Panchayat Teacher, she has not been allowed the salary for such period and thus, she approached

Patna High Court CWJC No.2143 of 2026(2) dt.09-02-2026 2/3 before the authorities concerned, including the District Programme Officer, Establishment, Purnea on 12.10.2020 for payment of salary and its arrears, but no order has been passed.

3. Learned Advocate for the State submits that the petitioner has appropriate statutory remedy before the District Teachers Appellate Authority, however, the petitioner has invoked the jurisdiction of this Court without availing the alternative remedy.

4. Considering the submissions advanced by learned Advocate for the respective parties, this Court instead of relegating the matter with a liberty to the petitioner to file an appropriate application before the District Appellate Authority, extends the liberty to the petitioner to file a representation before the District Programme Officer, Establishment, Purnea with the copy of the same to the concerned employment unit, preferably within a period of two weeks, from today.

5. In case such a representation is filed, the same shall be considered by the District Programme Officer, Establishment, Purnea who shall pass appropriate order, within a further period of eight weeks.

6. It is made clear that in case the claim of the petitioner finds favour, all her due admissible salary

Patna High Court CWJC No.2143 of 2026(2) dt.09-02-2026 3/3 must be accorded.

7. The writ petition stands disposed off.

(Harish Kumar, J) shivank/- U