Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3308 of 2022 ====================================================== Usha Kumari D/o Rameshwar Singh Resident of Village- Sanjali Bari, P.S.- Manshahi, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

The District Magistrate, Katihar.

4.

The District Education Officer, Katihar.

5.

The District Programme Officer (Establishment), Katihar. 6.

The Block Development Officer, Mansahi, Katihar. 7.

The Block Education Officer, Mansahi, Katihar. 8.

The Mukhiya, Gram Panchayat Raj, Kumaitha, P.S.- Mansahi, DistrictKatihar. 9.

The Panchayat Secretary, Gram Panchayat Raj Kumaitha, P.S.- Mansahi, District- Katihar.

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

For the Petitioner/s :

Mr.Bidhan Chandra Jha For the Respondent/s :

Mr.Madan Jeet Kumar ( Gp 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"i) For directing and commanding the respondents to pay the current as well as Arrear of salary to the petitioner who is working as Panchayat teacher and is entitled for salary as per the decision of learned District Teachers appointment Appellate Tribunal Katihar as contained in Annexure-7 and decision of Hon'ble High Court Patna as contained in Annexure-8.

(ii) for directing and commanding the respondents to consider the petitioner as trained teacher, who possess the requisite qualification

Patna High Court CWJC No.3308 of 2022(3) dt.27-01-2025 2/2 but left by the department due to her involvement in court proceedings, with a direction to the respondent to pay the trained scale since her date of entitlement.

(iii) Further for any other appropriate relief/ relieves for which petitioner is entitled in the facts and circumstances of the case."

3. Considering the reliefs prayed in the writ petition, this Court deems it fit and proper to direct the petitioner to file an appeal before the District Appellate Authority within a period of three weeks and the District Appellate Authority is well advised to consider the case of the petitioner and pass a reasoned and speaking order, in accordance with law, after hearing the parties.

4. With the aforesaid observations and directions, this writ application stands disposed of.

5. It goes without saying that if any question of limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Anjani Kumar Sharan, J) anand/- U