Puja Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6137 of 2024 ====================================================== Puja Bharti W/o Arun Kumar Sharma, Resident of village- Ballia, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

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

The District Magistrate, Begusarai.

4.

The Regional Deputy Director of Education, Munger. 5.

The District Education Officer, Begusarai.

6.

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

The Block Development Officer, Dandari, District- Begusarai. 8.

The Block Education Officer, Dandari, District- Begusarai. 9.

The Panchayat Secretary, Gram Panchayat Raj, Dandari, Block Dandari, District - Begusarai.

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

For the Petitioner :

Mr. Nakul Kumar Jamuar, Advocate For the State :

Mr. Government Pleader 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2024 Heard learned counsel for the parties.

2. This writ application has been filed for commanding the respondents to make payment of salary from 20.12.2022 up till now.

3. Petitioner was appointed as a Panchayat Teacher on 15.04.2015 in New Primary School, Navtolia, Block Dandari, District- Begusarai, however, her salary was stopped from 20.12.2022 and an F.I.R. was also lodged against her alleging therein that her B.E.T.E.T. 2011 was reported to be forged.

Patna High Court CWJC No.6137 of 2024(2) dt.21-11-2024 2/3

4. At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the effect that an alternative Statutory remedy is available to the petitioner to move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as "Rules, 2020"), which deals with the power and functions of the District Appellate Authority.

5. Since the petitioner has got statutory alternative remedy to move before the District Appellate Authority under Rule 13 of the Rules 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. In view of the aforesaid facts and circumstances, petitioner is directed to file an application before the District Appellate Authority in accordance with law.

7. In the event, such application is filed by the petitioner, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

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

Patna High Court CWJC No.6137 of 2024(2) dt.21-11-2024 3/3

9. 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.

(Prabhat Kumar Singh, J) shashank/- U