Patna High CourtCWJC/11827/2015dismissed

Daizy Kumari v. The State Of Bihar And ORS

2015-08-04Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11827 of 2015 ====================================================== Daizy Kumari, Daughter of Vijendra Singh, resident of Village & Post Sirsia, P.S. Jamo Bazar, District Siwan. Presently posted as Primary Teacher in Rajkiya Prathmik Vidyalaya, Sirsia, Anchal Goriakothi, District Siwan.

.... .... Petitioner/s

Versus

1.The State of Bihar through Principal Secretary Education Department, Bihar, Patna.

2.The District Education officer, Siwan.

3.The District Programme Officer, (Establishment), Siwan. 4.The Block Education officer, Goriakothi, District Siwan. 5.The Mukhia Gram Panchayat Raj Barhoga Parsotim, Anchal Goriakothi, District Siwan.

6.The Secretary, Gram Panchayat Raj Barhoga Parsotim, Anchal Goriakothi, District Siwan.

7.The District Teacher Employment Appellate Authority, Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Smt. Namrata Mishra- Ga13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 04-08-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is aggrieved by an order of his termination and the fact that the petitioner is a Panchayat Teacher, he will have to first approach the District Teacher Employment Appellate Authority, inasmuch as, there is statutory alternative remedy as prescribed under Bihar Panchayat Teacher Appointment Rules-2006, in the matter of any service condition of Panchayat Teacher.

Patna High Court CWJC No.11827 of 2015 (2) dt.04-08-2015 That being so, this writ application is wholly ill advised and misconceived.

It is, accordingly, dismissed.

Nothing said in this order, however, will come in the way of the petitioner in filing an appeal before the Tribunal, which shall be considered on its own merit without being prejudiced by dismissal of this writ application.

(Mihir Kumar Jha, J) Ranjan/- U