Md. Raquib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6570 of 2024 ====================================================== Md. Raquib Son of Md. Rafiqul Haque Residence of village- Shikarpur, P.S.- Balia Belone, District- Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Secondary Education, Bihar, Patna. 4.
The Secretary, Bihar School Examination Board, Patna. 5.
The District Education Officer, Katihar.
6.
The Secretary, Meghu Sah Tara Devi Inter College, Aiyub Nagar, Balrampur, District- Katihar.
7.
The Principal, Meghu Sah Tara Devi Inter College, Aiyub Nagar, Balrampur, District- Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Rahmatullah, Advocate For the Respondent/s :
Mr. Government Pleader ( 3 ) For BSEB :
Mr. Siddhartha Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2024 Heard learned counsel for the parties.
2. The present writ application has been filed for the following reliefs:- "(i) For issuance of writ of mandamus or any other appropriate writ, order, orders, commanding the respondent authorities to make payment of Honorarium for the period of 2011-2012 financial year and subsequent period for which funds have already been provided by the State Government to an institution for teaching and non-teaching staffs.
3. At the outset, learned counsels appearing on behalf of the respondents raise preliminary objection to the
Patna High Court CWJC No.6570 of 2024(2) dt.18-11-2024 2/2 maintainability of this writ application on the ground that petitioner has got alternative statutory remedy before the District Appellate Authority. It is further submitted that no reasons have been assigned as to why this writ application shall be heard by this Hon'ble High Court, even when alternative statutory remedy to move before the District Appellate Authority is available to the petitioner.
4. Learned counsel appearing on behalf of the petitioner is not in a position to dispute the contentions made on behalf of the respondents.
5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to move before the District Appellate Authority by filing appeal.
6. It is needless to say that if such appeal is preferred by the petitioner, the District Appellate Authority shall proceed in the matter and dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.
(Prabhat Kumar Singh, J) Koushik/- U