Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5688 of 2023 ====================================================== Mala Devi Wife of Subodh Kamat Resident of Village Mahmmadpur P.S.- Depura District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secrerary Education Department Bihar, Patna.

2.

The Director Primary Education Bihar, Patna.

3.

The Regional Deputy Director of Education Darbhanga Division Darbhanga 4.

The District Magistrate, Madhubani 5.

The District Education Officer Madhubani.

6.

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

The Block Development Officer Benipatti District-Madhubani 8.

The Block Education Officer Benipatti District-Madhubani 9.

The Panchayat Secretary Block Benipatti District-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha Advocate For the Respondent/s :

Smt. Binita Singh ( Sc 28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2024 Heard the parties.

2. This writ application has been filed for directing the respondent authorities to make payments of arrears of salary to the petitioner for the period 03.05.2006 to 30.11.2006 as she had discharged duty of Panchayat Teacher in the middle school Mahamadpur P.S. Benipatti District- Madhubani for the aforesaid period.

3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the

Patna High Court CWJC No.5688 of 2023(2) dt.11-11-2024 2/2 maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the concerned District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with liberty to the petitioner to move before the District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

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

(Prabhat Kumar Singh, J) Navya/- U